DEPT. 


J  O  URNAL 


OP   THE 


Contention, 


HELD   AT   THE 


\ 


CITY    OF    ST.    LOUIS, 


OCTOBER,    1861. 


ST.    LOUIS: 
GEORGE  KNAPP  &  CO.,  PRINTERS  AND  BINDERS. 

1861. 


DOCUMENTS 
DEPT. 


J  OURNAL 


OF     THE 


MISSOURI  STATE  CONTENTION, 


Held  at  the  City  of  St.  Louis,  October,  1861. 


FIRST     T)  A.  Y. 


The  Convention  convened  in  the  Mer- 
cantile Library  Hall  at  11  o'clock  A.  M.,  in 
pursuance  of  the  following  Proclamation 
by  his  Excellency,  Hamilton  R.  Gamble, 
Governor  of  the  State  of  Missouri : 

(e  The  exigencies  of  the  State  require  in 
my  judgment  the  re-assembling  of  the  State 
Convention ;  Therefore,  I,  Hamilton  R. 
Gamble,  Governor  of  the  State  of  Missouri, 
by  virtue  of  the  power  vested  in  me  by  the 
Convention,  do  hereby  call  the  Convention 
of  the  State  to  assemble  at  the  Mercantile 
Library  Hall  in  the  city  of  St.  Louis,  on 
the  10th  day  of  October  next,  to  adopt 
such  measures  as  the  welfare  of  the  State 
may  require. 

"  Given  under  my  hand  and  the  seal  of 
the  State  at  Jefferson  City,  this  21st  day  of 
September,  A.D.  1861. 

[Signed,] 
By  the  Governor,  H.  R.  GAMBLE. 

M.  OLIVER,  Secretary  of  State." 

The  roll  was  called,  when  the  following 
named  persons  answered  to  their  names  : 


THURSDAY  MORNING,  October  10,  1861. 

Messrs.  Breckinridge,Broadhead,  Bridge, 
Bush,  Douglass,  Gravelly,  Hall  of  Buchan-x 
an,  Hendricks,  Hitchcock,  Holmes,  How, 
Howell,  Hudgens,  Isbell,  Jackson,  John- 
son, Leeper,  Linton,  Long,  Marvin,  Mc- 
Cormack,  McDowell,  Meyer,  Orr,  Phillips, 
Pipkin,  Pomeroy,  Rowland,  Shackelford  of 
St.  Louis,  Smith  of  L.,  Smith  of  St.  Louis, 
Turner,  Welch,  Woolfolk,  and  Zimmer- 
man. 

There  being  no  quorum  present,  on  mo- 
tion of  Mr.  Broadhead,  the  Convention  ad- 
journed until  3  o'clock. 


EVENING    SESSION. 

The  Convention  met  pursuant  to  ad- 
journment. 

The  roll  was  called,  when  the  following 
additional  members  answered  to  their 
names,  viz  :  Messrs.  Eitzen,  Sayre,  Stew- 
art, Tindall,  and  Wright. 

On  motion  of  Mr.  HALL  of  Buchanan,  the 
Convention  adjourned  until  to-morrow 
morning  at  10  o'clock. 


997155 


SECOND 


The  Convention  met  pursuant  to  adjourn- 
ment,, and  was  called  to  order  by  the  Presi- 
dent, Mr.  WILSOX. 

The  roll  was  called,  when  the  following 
additional  members  answered  to  their 


Messrs-  Allen,  Gamble,  Gantt,Ha«  of  R., 
Henderson,  Inrin.  Jamison,  Maupin,  Mc- 
Ferran,  Vanbuskirk,  and  Mr.  President. 

There  being  a  quorum  present,  the  pro- 
ceedings of  yesterday  were  read  and  ap- 
proved. 

Hie  PMSIDXXT  laid  before  the  Conven- 
tion the  following  communication  from  the 
JrmfcJEJrtOT.  Trkich  va«  read,  and  on  motion 
of  Mr.  Birch,  was  laid  on  the  table  and  200 
copies  ordered  to  be  printed  for  the  use  of 
the  Convention. 

To  the   CamvaOum  of  the  State  o/lfu- 


In  the  exercise  of  the  power  which  you 
hare  conferred  upon  me,  I  have  called  the 
body  to  assemble  at  this  time,  to  consider 
and  adopt  such  measures  as  the  welfare  of 
ike  State  may  require. 

.*  Although  there  is  no  constitutional  re- 
quirement that  I  should  communicate  to 
you  my  views  of  the  condition  of  the  State, 

tion,  yet  Acre  seem*  to  be  a  propriety  in 
-  my  stating  the  reasons  for  calling  yow  to- 


by «e  that, 
breadth  of  the 
State,  there  is  now  existing  a  orH  war  that 
threatens  the  destruction  of  all  govern- 
ment, and  strikes  at  the  very  foundations 
of  society.  Yon  are  acquainted  already 
with  the  situation  of  afiurs  in  our  State. 

Tke  obligations  which  rest  upon  the  chief 
executive  to  preserve  order  and  peace  in 
r,  to  enforce  the*laws,  and  to 
by  force,  all  combinations  against 
:_7  .v..  :    .  :      ^:: 


FEIDAT  MO*XKG,  October  11, 1861. 

sures  for  the  organization  of  the  military 
power  of  the  State  should  be  adopted  than 
now  exist.  The  act  of  1859,  which  you  re- 
vived at  your  last  session,  and  made  the 
law  for  the  organization  of  volunteer  for- 
ces, is  found,  upon  trial,  to  be  a  most  in- 
efficient law  in  the  present  times,  which  re- 
quire promptitude  and  energy. 

It  is  therefore  assigned  as  one  of  the 
principal  reasons  for  calling  the  Conven- 
tion, that  you  should  adopt  a  military  law 
more  simple  and  more  efficient  than  that 


You  are  aware  further,  that  the  treasury 
of  the  State  is  empty.  The  Treasurer  re- 
ported to  me  on  the  21th  of  September  last, 
that  there  was  in  the  treasury  $21,422.73, 
which  was  subject  to  a  deduction  for  cou- 
pons paid  by  the  Bank  of  the  State  on  the 
old  debt,  the  amount  of  which  coupons  he 
had  not  ascertained.  The  whole  of  the 
sum  thus  reported  in  the  treasury  is,  in  all 
probability,  already  absorbed  by  the  pay- 
ment of  the  salaries  of  civil  officers.  At 
this  time  the  Sheriffs  in  very  many  of  the 
counties  are  resigning  their  offices,  in  or- 
der to  avoid  the  duty  of  collecting  die  taxes, 
which  is  supposed  to  be  impracticable. 

Under  these  circumstances,  it  is  appa- 
rently impossible  to  provide  means  by  ex- 
isting laws  for  the  payment  of  the  ordina- 
ry expenses  of  the  government,  and  it  is 
manifestly  impossible  to  provide,  by  any 
system  of  taxation,  for  the  extraordinary 
expenses  of  a  military  force. 

That  you  might  devise  some  scheme  for 
raising  the  money,  which  is  indispensably 
necessary  to  support  troops,  and  to  de- 
fray ordinary  expenses,  was  another  reason 
for  calling  yon  together. 

Beyond  these  two  reasons  for  the  call,  it 
is  believed  by  many,  and  the  opinion  has 
been  expressed  to  me,  that  the  election  for 
State  officers,  ordered  at  your  last 


to  take  place  on  the  first  Monday  of  Novem- 
ber next,  cannot  be  held,  so  as  to  obtain  a 
fair  expression  of  the  public  will.  In  the 
disturbed  condition  of  the  State,  with  many 
citizens  absent  from  the  State,  with  excite- 
ment existing  throughout  our  whole  limits, 
so  that  in  some  districts  citizens  entertain- 
ing one  set  of  opinions  would  not  be  per- 
mitted to  vote,  while,  in  other  sections, 
those  holding  opposite  opinions  would  be 
denied  the  right  of  suffrage,  it  is  obviously 
impossible  to  have  a  fair  vote  taken. 

As  I  concur  in  the  opinion  thus  express- 
ed, this  question  of  postponing  the  election 
is  submitted  to  your  consideration,  without 
any  reasoning  on  my  part,  in  favor  of  the 
postponement. 

I:  is  proper  forme,  while  calling  your  at- 
tention to  this  subject  of  the  election,  to 
remind  you,  that  when  I  was  chosen  to  fill 
my  present  position  of  Provisional  Gover- 
nor, I  was  chosen  to  exercise  the  executive 
functions  until  the  first  Monday  of  Novem- 
ber ;  yet  as  the  words  of  the  ordinance  are, 
"  and  until  his   successor  shall  be   duly 
elected,  and  qualified,"  the  effect  of  a  post- 
ponement  of  the  election  will  be  to  con- 
tinue me  in  office  for  a  longer  period  than 
was  contemplated  by  the  Convention  when 
I  was  chosen,  or  by  me  when  I  accepted 
the  office.     It  is  proper,  therefore,  that  you 
should,  at  this  time,  select  a  person  to  dis- 
charge the  executive  duties  during  the  pro- 
longed period  that  will  elapse  before  an 
election  can  be  held.  In  making  such  selec- 
tion, you  will  remember,  that  you  have  the 
whole  State  from  which  to  make  the  choice, 
without  confining  yourselves  to  the  mem- 
bers of  the  Convention.     It  is  not  necessa- 
ry that  I  remind  you,  that  the  only  basis  of 
a  safe  choice  is  the  good  of  the  people, 
without  regard  to  personal  predilections,  or 
party  relations.    The  motto  on   our  State 
arms,  "  Solus  populi  suprema  lex  es/o," 
furnished  a  safe  guide  in  all  our  public  ac- 
tion. 

There  are  other  matters  upon  which 
there  is  a  desire  among  the  people  that  you 
should  act,  but  which,  as  they  have  no  con- 
nection with  the  duties  of  the  office  I  hold, 
and  as  they  partake  of  tue  character  of  or- 


dinary legislation,  I  forbear  to  mention  in 
this  communication. 

H.  E.  GAMBLE. 

Mr.  BIKCH  offered  the  following  resolu- 
tion, which  was  adopted : 

Resolved,  That  Henry  C.  Wannoth  is 
hereby  appointed  Doorkeeper  of  this  Con- 
vention. 

On  motion  of  Mr.  BRECKDHUDGX, 
Resolved,  That  Joshua  H.  Alexander  be 
appointed   Assistant  Sergeant-at-arms   of 
this  Convention. 

Mr.  TIXDALL  offered  the  following  reso- 
lution : 

Resolved.  That  the  Governor's  Message 
be  referred  to  the  Committee  of  Eight,  ap- 
pointed at  the  last  session  of  this  Conven- 
tion, with  instructions  to  report  such  meas- 
ures for  the  action  of  the  Convention  as 
they  may  think  proper. 

Mr.  McFiRRAX  offered  the  following  as  a 
substitute,  which  was  adopted  : 

Resolved,  That  the  following  committees 
be  appointed,  to  whom  all  appropriate  mat- 
ters shall  be  referred : 

Of  the  Militia,  to  consist  of  five  mem- 
bers. 
Of  Ways  and  Means,  to  consist  of  five 

members. 

Of  Civil  Officers,  to  consist  of  five  mem- 
bers. 

Of  Elections,  to  consist  of  five  members. 
Of  Revenue,  to  consist  of  five  members. 
Messrs.  Wannoth,  doorkeeper,  and  Alex- 
ander,   assistant    sergeant-at-arms,    came 
forward  and  were  sworn  into  their  respec- 
tive offices  by  the  Hon.  S.  M.  Breckinridge, 
Judge  of  the  St.  Louis  Circuit  Court. 

On  motion  of  Mr.  FKn.  of  B.,  the  Con- 
vention adjourned  until  three  o'clock. 


EYXSIXG  SESSION. 

The  Convention  met  pursuant  to  adjourn- 
ment. 

The  President  announced  the  following 
named  members  as  composing  the  com- 
mittees constituted  by  the  resolution  of 

Militia— Messrs.  Tindall,  Gantt,  Sayre, 
Henderson,  and  Hitchcock. 


Ways  and  Means — Messrs.  How,  Birch, 
Howeil,  Hall  of  R.,  and  Douglass. 

Civil  Officers — Messrs .McFerran,  Phillips, 
Wright,  Orr,  and  Broadhead. 

Elections — Messrs.  Hendricks,  Marvin, 
Breckinridge,  Hudgens,  and  Turner. 

Revenue— Messrs.  Hall  of  B.,  McCor- 
mack,  Gravelly,  Rowland,  and  Woolfolk. 

Mr.  LONG  offered  the  following  resolu- 
tion, which  was  read,  and  on  motion  of 
Mr.  Howell  was  referred  to  the  Committee 
of  Ways  and  Means  : 

Resolved,  That  the  Committee  of  Ways 
and  Means  be  instructed  to  report  an  ordi- 
nance or  ordinances  providing  for  the  fol- 
lowing objects : 

1.  The  suspension  of  all  sales  of  real  es- 
state  under   execution  until  otherwise  or- 
dered by  this  Convention. 

2.  The  suspension  of  all  courts,  except 
for  the  transaction  of  criminal  and  county 
business,  until  otherwise  directed  by  this 
Convention. 

3.  Authorizing  a  redemption  of  all  real 
estate  sold  under  deeds  of  trust  within  two 
years  after  the  sale  thereof. 

Mr.  WELCH  offered  the  following  resolu- 
tion, which  was  referred  to  the  same  com- 
mittee : 

Be  it  Resolved  by  the   Convention  of  the 

State  of  Missouri  as  follows: 

First.  The  Auditor  of  the  State  is  here- 
by directed  and  required  not  to  allow,  and 
the  Treasurer  of  the  State  is  hereby  di- 
rected and  required  not  to  pay,  from  and 
after  the  passage  of  these  resolutions,  the 
salaries  allowed  by  existing  laws  of  this 
State  to  the  following  named  officers  and 
agents,  except  as  hereinafter  provided,  to 
wit : 

1.  The  Board  of  Public  Works. 

2.  The     Superintendent     of      Common 

Schools. 

3.  The  State  Geologist. 

4.  The   Officers   of    the     State    Lunatic 

Asylum. 

5.  The  Officers  of  the  Deaf  and  Dumb 

Asylum. 

6.  The  Judges  of  the  Circuit  Court. 


7.  The  Circuit  Attorneys,  except  in  the 

county  of  St.  Louis. 

8.  The  Bank  Commissioner  and  Assistant 

Bank  Commissioner. 

Second.  Be  it  further  Resolved,  That 
the  suspension  of  the  salaries,  designated 
and  provided  for  in  the  foregoing  resolu- 
tion, shall  continue  until  the  duties  of  the 
said  several  offices  shall  have  been  fully  re- 
sumed, and  until  payment  thereof  shall 
be  directed  by  the  Provisional  Governor 
appointed  by  this  Convention,  or  his  suc- 
cessor, duly  elected  by  the  qualified  voters 
of  this  State,  and  such  payment  shall  be 
from  the  time  so  designated  and  not  be- 
fore. 

Third.  Be  it  further  Resolved)  That  the 
Secretary  of  this  Convention  furnish  to  the 
State  Auditor  and  Treasurer  each  with  a 
duly  certified  copy  of  these  resolutions. 

Mr.  MCDOWELL  offered  the  following, 
which  was  read  and  referred  to  the  Com- 
mittee on  Elections  : 

Resolved,  That  the  Committee  on  Elec- 
tions report  an  ordinance  postponing  the 
election  for  Governor,  Lieutenant- Gover- 
nor, Secretary  of  State,  and  Members  of  the 
General  Assembly,  until  the  first  Monday 
in  August,  1862. 

Mr.  STEWART  offered  the  following,  which 
was  read  and  referred  to  the  same  com- 
mittee : 

Resolved,  That  the  Committee  on  Elec- 
tions be  instructed  to  report  a  bill  re- 
quiring all  voters  to  take  an  oath  to  sup- 
port the  Constitution  of  the  United  States 
and  of  the  State  of  Missouri. 

Mr.  HITCHCOCK  offered  the  following  re- 
solution : 

Resolved,  That  the  Committee  on  Ways 
and  Means  be  instructed  to  consider  the 
expediency  of  action  by  the  Convention 
for  the  purpose  of  confiscating  the  proper- 
ty of  all  persons,  citizens  or  residents  of 
this  State,  who  shall,  at  the  expiration  of 
a  reasonable  time,  be  found  employed  in 
aiding  or  abetting  the  rebellion  now  on 
foot  within  its  borders,  and  for  the  appli- 
cation of  the  property  so  confiscated  ;  first, 
to  the  reimbursement  of  loyal  citizens  of 


this  State  for  losses  sustained  by  them  in 
supporting  the  National  and  State  Govern- 
ments ;  and,  secondly,  to  the  use  of  the 
State.  And  that  they  report  by  ordinance 
or  otherwise. 

Mr.  HOWELL  moved  to  reject  the  resolu- 
tion, and  upon  his  motion  called  the  ayes 
and  noes,  which  motion  was  decided  in  the 
negative  by  the  following  vote  : 

AYES — Messrs.  Allen,  Birch,  Bridge, 
Hall  of  R.,  Howell,  Hudgens,  Jamison, 
Long,  Marvin,  McFerran,  Phillips,  Pipkin, 
Pomeroy,  Rowland,  Sayre,  Shackelford  of 
St.  Louis,  Welch,  Woolfolk,  Wright, 
Vanbuskirk,  Zimmerman,  and  Mr.  Presi- 
dent—22. 

NOES — Messrs.  Breckinridge,  Broadhead, 
Bush,  Douglass,  Eitzen,  Gantt,  Gravelly, 
Hall  of  B.,  Henderson,  Hendricks,  Hitch- 
cock, Holmes,  How,  Irwin,  Isbell,  Jackson, 
Johnson,  Leeper,  Linton,  Maupin,  Mc- 
Dowell, Meyer,  Orr,  Smith  of  L.,  Smith  of 
St.  L.,  Stewart,  Tindall,  and  Turner— 28. 

The  resolution  was  referred  to  the  Com- 
mittee on  Ways  and  Means. 

Mr.  HOWELL  asked  to  be,  and  was,  ex- 
cused from  serving  on  the  Committee  of 
Ways  and  Means. 

Mr.  IRWIN  was  thereupon  appointed  upon 
said  committee. 

Mr.  BRECKINRIDGE  offered  the  following, 
which  was  adopted  : 

Resolved,  That  the  Clergymen  of  this 
city,  who  are  loyal  to  the  Government  of 
the  United  States,  be  requested  to  attend 
the  meetings  of  this  Convention,  and  open 
the  same  with  prayer. 

Mr.  PHILLIPS  offered  the  following  reso- 
lution : 


Resolved)  That  all  resolutions  hereafter 
introduced  be  referred  to  the  appropriate 
committee. 

Mr.  BIRCH  offered  the  following  amend- 
ment : 

Strike  out  all  after  the  word  "Resolved," 
and  insert,  "That  the  present  and  prospec- 
tive condition  of  the  country  demand  the 
postponement  of  our  election  ;  the  abroga- 
tion of  all  useless  offices ;  the  reduction  of 
all  official  salaries;  the  postponement  of 
all  coercive  measures  for  the  collection  of 
debts  and  taxes;  that  the  sword  of  the 
State  be  strengthened  through  the  credit  of 
the  State  and  that  the  fidelity  and  loyalty  of 
all  its  officers  be  secured  by  the  most  un- 
questionable guarantees. 

On  motion  of  Mr.  WELCH,  the  further 
consideration  of  the  resolution  and  amend- 
ment was  postponed  for  the  preseut. 

Mr.  MCFERRAN  offered  the  following  reso- 
lution, which  was  adopted : 

Resolved,  That  so  much  of  the  Gover- 
nor's Message  as  relates  to  military  affairs 
and  the  army  be  referred  to  the  Committee 
of  the  Militia  ;  that  so  much  of  the  Gov- 
ernor's Message  as  refers  to  the  finances  of 
the  State  be  referred  to  the  Committee  of 
Ways  and  Means  ;  that  so  much  of  the 
Governor's  message  as  relates  to  the  elec- 
tion of  State  officers  be  referred  to  the  Com- 
mittee of  Elections. 

On  motion  of  Mr.  WRIGHT,  the  Conven- 
tion adjourned  until  ten  o'clock  to-morrow 
morning. 


THIRD     DA.Y. 


The  Convention  met  pursuant  to  ad- 
journment, and  was  opened  with  prayer, 
by  the  Rev.  Dr.  Nelson. 

The  Journal  of  the  proceedings  of  yes- 
terday was  read  and  approved. 

Messrs.  NOELL  and  BOGY,  F  elegates  to 
the  Convention,  appeared  and  took  their 
seats  as  members  of  the  body. 

Mr.  HUDGENS  asked  to  be,  and  was,  ex- 
cused from  serving  upon  the  Committee  of 
Elections. 

Mr.  HENDRICKS,  from  the  Committee  on 
Elections,  made  the  following  report, which 
was  read,  and,  upon  motion,  was  laid  on 
the  table,  and  two  hundred  copies  ordered 
to  be  printed. 

The  Committee  on  Elections  beg  leave  to 
report  the  following  ordinance  for  the  ac- 
tion of  the  Convention,  and  recommend  the 
passage  thereof. 

IIENDRICK,  Chairman. 

AN  ORDINANCE  PROVIDING  TOR  CHANGING  THE 
TIME  OP  HOLDING  CERTAIN  ELECTIONS. 

WHEREAS  this  Convention  did,  during  its 
sessions  at  Jefferson  city,  on  the  30th  day 
of  July,  A.  D.  1861,  adopt  "An  ordinance 
providing  for  the  election  of  certain  State 
officers,"  and  also  "An  ordinance  provid- 
ing for  submitting  its  action  to  the  people 
of  the  State  of  Missouri,  and  appointing  a 
time  therefor"; 

AND  WHEREAS  it  is  manifest,  that,  by  rea- 
son of  the  disturbed  condition  of  the  State, 
it  will  be  impossible  at  the  time  so  appoint- 
ed to  elicit  a  fair  expression  of  the  popular 
will :  Therefore, 

Be  it  ordained  by  the  People  of  the  State  of 
Missouri  in  Convention  assembled^  as  fol- 
lows, to  wit : 

First.  That  so  much  of  an  ordinance  en- 
titled "An  ordinance  providing  for  certain 
amendments  to  the  Constitution,  (adopted 


SATURDAY  MORNING,  October  12,  1861. 

on  the  30th  day  of  July,  A.  D.  1861,)  as  pro- 
vides for  the  election  of  a  Governor,  Lieu- 
tenant Governor,  Secretary  of  State,  and 
Members  of  the  General  Assembly,  on  the 
first  Monday  of  November,  A.  D.  1861,"  and 
so  much  of  an  ordinance  entitled  "An  or- 
dinance for  submitting  the  action  of  this 
Convention  to  a  vote  of  the  people  of  Mis- 
souri, (adopted  on  the  same  day,)  as  pro- 
vides for  submitting  the  action  of  this  Con- 
vention to  a  vote  of  the  people  on  the  first 
Monday  of  November,  A.  D.  1861,"  be  and 
the  same  are  hereby  so  modified,  that  said 
elections  shall  not  be  held  on  the  day  there- 
in named,  but  instead  thereof  shall  be  held 
on  the  first  Monday  of  August,  A.  D.  1862. 

Second.  Said  elections  shall  in  all  other 
respects  be  held,  and  the  returns  thereof 
made,  as  provided  in  the  ordinances  hereto- 
fore adopted  by  this  Convention. 

Third.  The  Governor,  Lieutenant  Gov- 
ernor, and  Secretary  of  State,  heretofore 
appointed  by  this  Convention,  shall  dis- 
charge the  duties  and  exercise  the  powers 
which  pertain  to  their  respective  offices,  and 
continue  in  office  until  the  first  Monday  of 
August,  A.  D.  1862,  and  until  their  succes- 
sors are  duly  elected  and  qualified,  or  until 
the  qualified  voters  of  the  State  shall  dis- 
approve the  action  of  this  Convention. 

After  considering  the  amendment  of  Mr. 
Birch  to  the  resolution  offered  by  Mr.  Phil- 
lips, on  motion  of  Mr.  GANTT,  the  Conven- 
tion adjourned  until  3  o'clock  p.  M. 


EVENING   SESSION. 

On  motion  of  Mr.  TURNER,  the  consider- 
ation of  the  question  was  passed  over; 
when 

Mr.  MEYER  Introduced  the  following  or- 
dinance, which  was  read  and  referred  to 
the  Committee  on  Civil  Officers : 


AN  ORDINANCE  CONCERNING  THE  REPEAL  OF  AN 
ACT  OF  THE  GENERAL  ASSEMBLY  OF  THE  STATE 
OF  MISSOURI,  ENTITLED  "AN  ACT  TO  ESTAB- 
LISH A  UNIFORM  SYSTEM  OF  PUBLISHING  NO- 
TICES OF  JUDICIAL  SALES  AND  OTHER  LEGAL 
NOTICES  IN  ST.  LOUIS  COUNTY,  STATE  OF  MIS- 
SOURI." 

Be  it  ordained  by  the  People  of  Missouri 
in  Convention  assembled,  as  follows : 
An  act  of  the  General  Assembly  of  the 
State   of    Missouri,   approved  March  5th, 
1861,  entitled  "An  act  to  establish  a  uni- 
form system  of  publishing  notices  of  judi- 


cial sales  and  other  legal  notices  in  St. 
Louis  county,  State  of  Missouri,'5  is  here- 
by repealed,  and  declared  of  no  validity 
whatever. 

On  motion  of  Mr.  HITCHCOCK,  the  resolu- 
tion offered  by  Mr.  Phillips  and  the  amend- 
ment offered  by  Mr.  Birch  were  referred  to 
the  appropriate  committee. 

On  motion  of  Mr.  HITCHCOCK,  the  Con- 
vention adjourned  until  Monday  morning, 
at  10  o'clock. 


FOURTH 


MONDAY  MORNING,  Oct.  14,  1861. 


The  Convention  met  pursuant  to  adjourn- 
ment, and  was  opened  with  prayer  by  the 
Rev.  Mr.  ELIOT. 

The  Journal  of  the  proceedings  of  yes- 
terday was  read  and  approved. 

Mr.  ZIMMERMAN  offered  the  following  reso- 
lution, which  was  read  and  referred  to  the 
Committee  of  Ways  and  Means  : 

Resolved,  That  all  Courts  in  the  State 
of  Missouri  who  refuse  to  discharge  their 
duties  shall  receive  no  pay  during  the  ab- 
sence of  such  courts,  and  that  the  limita- 
tion act  shall  cease  during  the  absence  of 
such  courts;  and  that  creditors  on  judg- 
ments, executions,  bonds,  notes,  and*  ac- 
counts, shall  be  entitled  to  the  rate  of  in- 
terest agreed  upon  by  creditors  and  debt- 
ors, not  exceeding  ten  per  cent.,  during  the 
absence  of  said  courts.  And  when  there 
is  no  agreement  between  creditor  and 
debtor  respecting  interest,  all  demands, 
including  accounts,  shall  draw  six  per 
cent,  per  annum. 

On  motion  of  Mr.  HITCHCOCK,  the  Con- 
vention proceeded  to  consider  the  report 
submitted  by  the  Committee  on  Elections. 

Mr.  BRECKINRIDGE  offered  the  following 
amendment  to  the  ordinance  reported  by 
said  committee : 


Amend  by  inserting  after  the  word  "  elec- 
tions," occurring  in  the  first  line  of  the  se- 
cond section,  the  following  words:  "and 
all  other  elections  held  previous  thereto." 

The  amendment  was  agreed  to. 

Mr.  ALLEN  offered  the  following  amend- 
ment to  the  ordinance,  which  was  disa- 
greed to  : 

Strike  out  all  the  last  part  of  the  third 
section  after  the  (first)  word,  "qualified," 
in  the  fourth  line. 

Mr.  MCFERRAN  offered  the  following 
amendment  : 

Strike  out  section  one,  and  insert  the 
following  :  "  1.  That  so  much  of  an  ordi- 
nance entitled  4An  ordinance  providing  for 
certain  amendments  to  the  Constitution, 
(adopted  on  the  30th  day  of  July,  1861,)  as 
provides  for  the  election  of  Governor,  Lieu- 
tenant Governor,  Secretary  of  State,  and 
Members  of  the  General  Assembly,  on  the 
first  Monday  of  November,  1861,'  be  and 
the  same  is  so  modified  that  said  elections 
shall  not  be  held  on  the  day  therein  named, 
but  instead  thereof  shall  be  held  on  the  first 
Monday  of  August,  eighteen  hundred  and 
sixty-two  ;  and  the  ordinance  entitled  '  An 
ordinance  submitting  the  action  of  this 
Convention  to  a  vote  of  the  people  of 


10 


Missouri'  be  and  the  same  is  hereby  re- 
pealed." 

On  motion,  the  ordinance  and  amend- 
ment were  recommitted  to  the  committee. 

Messrs.  Vanbuskirk  and  Holmes  were 
added  to  the  Committee  on  Accounts. 

On  motion  of  Mr.  STEWART,  the  Conven- 
tion adjourned  until  3  o'clock  P.M. 

EVENING    SESSION. 

The  hour  of  meeting  of  the  Convention 
having  arrived,  and  the  President  and  Vice 
President  being  absent,  the  Convention  was 
called  to  order  by  the  Lieutenant  Governor 
of  the  State,  Mr.  Hall  of  B. 

Mr.  McFERRAN,  from  the  Committee  on 
Civil  Officers,  made  the  following  report, 
and  on  his  motion  laid  on  the  table,  and 
200  copies  ordered  to  be  printed. 

"The  Committee  on  Civil  Officers  beg 
leave  to  report  the  following  ordinance  for 
the  action  of  the  Convention,  and  recom- 
mend the  passage  thereof. 

McFERRAN,   Chairman." 

AN  ORDINANCE  PROVIDING  FOR  ABOLISHING 
CERTAIN  OFFICES,  REDUCING  SALARIES,  AND 
TESTING  THE  LOYALTY  OF  CIVIL  OFFICERS 
IN  THIS  STATE. 

Be  it  ordained  by  the  People  of  the  State 

of  Missouri  in  Convention  assembled,  as 

follows : 

First.  That  the  Board  of  Public  Works 
be  and  is  hereby  abolished,  and  the  offices 
and  pay  of  the  members  of  said  Board  shall 
cease  and  determine  from  and  after  the 
passage  of  this  ordinance. 

Second.  That  the  office  of  State  Superin- 
tendent of  Common  Schools  be  and  is  here- 
by abolished,  and  the  pay  of  said  officer 
shall  cease  and  determine  from  and  after 
the  passage  of  this  ordinance,  and  the  du- 
ties pertaining  to  said  office  shall  be  dis- 
charged by  the  Secretary  of  State. 

Third.  The  offices  of  County  School  Com- 
missioner be  and  is  hereby  abolished  in  all 
the  counties  of  this  State,  and  the  pay  of 
said  officers  shall  cease  and  determine  from 
and  after  the  passage  of  this  ordinance; 
and  the  Clerks  of  the  respective  County 
Courts  shall  discharge  all  the  duties  of 


Common  School  Commissioner  in  their  re- 
spective counties  except  visiting  and  lec- 
turing in  the  schools. 

Fourth.  That  the  offices  of  State  Geolo- 
gist and  Assistant  State  Geologist  be  and 
are  hereby  abolished,  and  the  pay  of  said 
officers  shall  cease  and  determine  from  and 
after  the  passage  of  this  ordinance. 

Fifth.  That  the  salaries  of  all  civil  offi- 
cers in  this  State  be  and  are  hereby  re- 
duced 20  per  cent,  during  the  year  ending 
30th  September,  1862;  and  said  per  cent- 
age  shall  be  deducted  from  the  amount  of 
said  salaries,  and  withheld  from  said  offi- 
cers from  and  after  the  passage  of  this  or- 
dinance, until  the  said  thirtieth  day  of 
September,  A.  D.  1862. 

Sixth.  That  each  civil  officer  in  this  State 
shall,  within  forty  days  after  the  passage 
of  this  ordinance,  take  and  subscribe  an 
oath  to  support  the  Constitution  of  the 
United  States  and  this  State  ;  that  he  will 
not  take  up  arms  against  the  Government 
of  the  United  States,  nor  the  Provisional 
Government  of  this  State,  nor  give  aid  or 
comfort  to  the  enemies  of  either  during  the 
present  civil  war ;  that  said  oath,  duly  sub- 
scribed and  sworn  to,  shall,  within  the 
forty  days  aforesaid,  be  filed  by  county 
officers  in  the  Clerk's  office  of  their  respective 
counties  ;  and  all  other  officers  shall,  within 
the  time  aforesaid,  file  said  oath,  sworn  to 
and  subscribed  as  aforesaid,  in  the  office 
of  the  Secretary  of  State.  And  the  offices 
of  all  persons  failing  to  file  said  oath,  as 
herein  provided,  are  hereby  declared  va- 
cant; and  the  Secretary  of  State  and  re- 
spective County  Clerks  shall,  immediately 
after  the  expiration  of  the  forty  days  afore- 
said, certify,  under  the  seal  of  their  respec- 
tive offices,  any  vacancy  that  may  exist 
under  the  operations  of  this  ordinance,  to 
the  proper  authorities  under  existing  laws, 
and  such  authorities  shall  fill  said  offices 
by  appointment  for  the  residue  of  the  term. 
And  any  civil  officer  who  shall  falsely  take 
said  oath,  or  wilfully  violate  the  same, 
shall  be  deemed  and  adjudged  guilty  of 
perjury,  and  punished  accordingly. 

On  motion  of  Mr.  GANTT,  the  Convention 
adjourned  until  to-morrow  morning,  at  9 
o'clock. 


11 


ment. 

The  Journal  of  the  proceedings  of  yes- 
terday was  read  and  approved. 

Mr.  WELCH  moved  that  the  Committee 
on  Accounts  be  instructed  to  audit  and  al- 
low the  mileage  prescribed  by  law  to  mem- 
bers of  the  Convention  from  their  respec- 
tive places  of  residence  to  the  city  of  St. 
Louis,  by  the  route  designated  by  law,  the 
Convention  having  been  called  by  the  Gov- 
ernor to  meet  in  said  city. 

Mr.  MCCORMACK  offered  the  following 
resolution,  which  was  read  and  referred 
to  the  Committee  on  Ways  and  Mean$  : 

Resolved,  That  the  Governor  be  autho- 
rized to  issue  State  revenue  notes,  to  the 
amount  of  two  million  dollars,  which  said 
notes  shall  be  accepted  at  par  by  all  State 
officers,  and  in  all  transactions  by  the 
State.  They  shall  be  of  the  denominations 
of  $100,  $50,  $25,  and  $10,  and  shall  not 
bear  interest,  but  they  shall  be  received 
at  any  time  the  same  as  gold  for  all  reve- 
nues of  the  State  ;  and  those  notes  which 
do  not  thus  come  back  to  the  State  in  pay- 
ment of  taxes  or  for  other  revenues,  shall, 
after  three  years  from  the  date  of  their 
issue,  be  redeemed  in  gold  on  demand,  on 
presentation  of  the  same  to  the  State 
Treasurer,  or  such  agents  as  the  Governor 
may  appoint  for  this  purpose.  Any  and 
every  such  revenue  note  coming  back  to 
the  Government  of  the  State  in  the  shape 
of  some  revenue,  shall  be  cancelled  in 
some  manner,  and  not  be  issued  a  second 
time. 

Mr.  HENDRICKS,  from  the  Committee  on 
Elections,  to  whom  was  recommitted  the 
report  of  said  committee,  together  with 
the  amendment  offered  by  Mr.  McFerran, 
reported  the  same  back  as  originally  amend- 
ed by  the  Convention,  and  recommended 


FIFTH     DA.Y. 

TUESDAY  MORNING,  Oct.  15,  1861. 

The  Convention  met  pursuant  to  adjourn-  its  adoption  and  the  rejection  of  the  amend- 
ment. 

Mr.  TURNER,  from  the  same  Committee, 
made  a  minority  report  in  favor  of  the 
adoption  of  the  report  as  amended  by  Mr. 
McFerran. 

On  motion  of  Mr.  WELCH,  the  Conven- 
tion proceeded  to  the  consideration  of  the 
majority  and  minority  reports  of  the  Com- 
mittee on  Elections. 

Mr.  HALL  of  B.  called  for  the  previous 
question.  The  question  being,  "  Shall  the 
main  question  be  now  put?"  was  decided 
in  the  affirmative. 

The  amendment  of  Mr.  MCFERRAN  was 
disagreed  to  and  the  majority  report  agreed 
to,  and  the  ordinance  adopted  by  the  fol- 
lowing vote,  the  ayes  and  noes  being  called 
for  by  Mr.  Sayre  : 

AYES — Messrs.  Allen,  Birch,  Bogy,  Breck- 
inridge,  Broadhead,  Bridge,  Bush,  Doug- 
lass, Eitzen,  Gantt,  Gravelly,  Hall  of  R., 
Henderson,  Hendricks,  Hitchcock,  Holmes, 
How,  Howell,  Irwin,  Isbell,  Jackson,  Jami- 
son, Johnson,  Leeper,  Linton,  Long,  Mar- 
vin, Maupin,  McCormack,  McDowell,  Mc- 
Ferran, Meyer,  Noell,  Orr,  Phillips,  Pipkin, 
Pomeroy,  Rowland,  Shackelford  of  St.  L., 
Smith  of  L.,  Smith  of  St.  Louis,  Stewart, 
Tindall,  Turner,  Welch,  Woolfolk,  Vanbus- 
kirk,  Zimmerman,  and  Mr.  President — 49. 

NOES — Mr.  Sayre — 1. 

Excused  from  voting — Mr.  Hall  of  B. 

Mr.  BRECKINRIDGE  presented  a  petition 
from  the  Presidents  of  the  Railroads  of  this 
State,  praying  for  the  repeal  of  an  act 
passed  by  the  last  General  Assembly,  en- 
titled "  An  Act  in  relation  to  the  transpor- 
tation of  freight  and  passengers  on  the  sev- 
eral railroads  in  this  State ;"  which  was 
referred  to  the  Committee  of  Ways  and 
Means. 

Mr.  TINDALL,  from  the  Committee  on  the 
Militia,  made  a  report,  which  was  laid  on 


12 


the  table,  200  copies  ordered  to  be  printed, 
and  made  the  special  order  for  to-morrow 
at  10  o'clock. 

On  motion  of  Mr.  HALL  of  R.,  the  Con- 
vention adjourned  until  3  o'clock  p.  M. 


EVENING    SESSION. 

The  Convention  met  pursuant  to  adjourn- 
ment. 

Mr.  WRIGHT  asked  and  obtained  leave  to 
record  his  vote  in  the  negative  upon  the 
adoption  of  the  "ordinance  providing  a 
change  of  the  time  of  holding  certain  elec- 
tions." 

The  Convention  proceeded  to  the  con- 
sideration of  the  report  of  the  Committee 
on  Civil  Officers,  when 

Mr.  MCFERRAN  offered  the  following 
amendment  to  the  "ordinance  providing  for 
abolishing  certain  offices,  reducing  the 
salaries,  and  testing  the  loyalty  of  civil 
officers  in  this  State  :" 

Amend  by  adding  a  new  section  as  fol- 
lows : 

"  Seventh.  The  respective  county  court 
clerks  in  this  State  shall  take  and  sub- 
scribe the  oath  provided  in  this  ordinance, 
and  file  the  same  in  the  office  of  the  Secre- 
tary of  State  within  the  forty  days  afore- 
said ;  and  if  any  county  court  clerk  shall 
fail  to  file  said  oath,  duly  subscribed  and 
sworn  to  as  aforesaid,  his  office  is  hereby 
declared  vacant,  and  such  vacancy  shall  be 
filled  by  the  authorities  under  existing 
laws ;  and  in  such  case,  the  other  county 
officers  of  such  county  shall  comply  with 
the  requirements  of  this  ordinance  within 
twenty  days  after  said  vacancy  shall  be 
filled  under  the  provisions  of  this  ordi- 
nance." 

Mr.  BROADHEAD  offered  the  following 
amendment  to  the  amendment : 

Strike  out  the  sixth  section  of  the  ordi- 
nance, and  insert  : 

Sixth.  That  the  offices  of  the  Judges  of 
the  Supreme  Court,  Judges  of  the  Circuit 
Courts,  Probate  Judges,  sheriffs  and  clerks, 
and  the  clerks  of  the  several  courts  of  re- 
cord of  this  State,  and  Recorders  of  Deeds, 


Register  of  Lands,  Auditor  of  Public  Ac- 
counts, State  Treasurer,  and  Attorney 
General,  be  and  the  same  are  hereby  de- 
clared vacant ;  and  the  Governor  of  the 
State  is  hereby  authorized  to  fill  the  vacan- 
cies so  created  in  the  offices  of  the  Judges 
of  the  Supreme  Court,  Judges  of  the  Cir- 
cuit and  Probate  Courts,  Register  of  Lands, 
Auditor  of  Public  Accounts,  State  Trea- 
surer, and  Attorney  General,  by  appoint- 
ment of  suitable  persons  to  such  offices. 

Seventh.  The  Judges  of  the  Supreme 
Court  thus  appointed  shall  have  power  to 
appoint  a  clerk  for  said  court,  and  the 
Judges  of  the  Circuit  Courts  shall  have 
power  to  appoint  clerks  for  their  respective 
courts,  recorders  of  deeds,  and  sheriffs  of 
the  counties  within  their  respective  cir- 
cuits. 

Eighth.  The  officers  to  be  appointed  by 
the  provisions  of  this  ordinance  shall  hold 
their  respective  offices  until  the  expiration 
of  the  period  for  which  the  present  incum- 
bents of  said  offices  have  been  elected,  and 
until  their  successors  are  elected  and  qual- 
ified. 

Ninth.  The  present  incumbents  of  all 
other  civil  offices  in  the  State,  except  the 
Governor,  Lieutenant  Governor  and  Secre- 
tary of  State,  shall  within  sixty  days  from 
the  passage  of  this  ordinance  take  and  sub- 
scribe, and  file  in  the  office  of  the  clerk  of 
the  courts  of  the  respective  counties  in 
which  said  incumbents  reside,  an  affidavit 
to  support  the  Constitution  of  the  United 
States  and  of  this  State  ;  that  he  will  not 
take  up  arms  against  the  Government  of 
the  United  States,  nor  the  provisional  gov- 
ernment of  this  State,  nor  give  aid  or  com- 
fort to  the  enemies  of  either,  and  that  he 
will  maintain  and  support  the  provisional 
government  established  by  the  State  Con- 
vention of  Missouri.  And  the  offices  of  all 
persons  failing  to  file  said  oath  as  herein 
provided,  are  hereby  declared  vacant ;  and 
upon  the  certificate  of  the  clerks  of  the  cir- 
cuit court  of  the  respective  counties  where 
such  offices  may  exist,  to  the  effect  that 
persons  have  failed  to  file  such  affidavits, 
the  Governor  of  the  State  shall  proceed  to 
fill  such  vacancies  by  appointment. 


13 


Mr.  WRIGHT  moved  to  lay  the  amend- 
ments and  ordinance  on  the  table,  and  to 
print  200  copies  of  the  amendment  for  the 
use  of  the  Convention,  and  to  make  it  the 
special  order  for  to-morrow  morning  at  10 
o'clock  ;  which  motion  was  decided  in  the 
negative  by  the  following  vote — the  ayes 
and  noes  called  for  by  Mr.  Wright : 

AYES — Messrs.  Douglass,  Howell,  Jami- 
son, Pipkin,  Welch,  Wright  and  Vanbus- 
kirk— 7. 

NOES — Messrs.  Allen,  Birch,  Bogy,  Breck- 
inridge,  Broadhead,  Bridge,  Bush,  Eitzen, 
Gantt,  Gravelly,  Hall  of  B.,  Hall  of  R., 
Henderson,  Hendricks,  Hitchcock,  Holmes, 
How,  Irwin,  Isbell,  Jackson,  Johnson, 
Leeper,  Linton,  Long,  Marvin,  Maupin, 
McCormack,  McDowell,  McFerran,  Meyer, 
Noell,  Orr,  Phillips,  Pomeroy,  Rowland, 
Shackelford  of  St.  Louis,  Smith  of  L., 
Smith  of  St.  Louis,  Stewart,  Tindall,  Tur- 
ner, Woolfolk,  Zimmerman,  and  Mr.  Presi- 
dent—44. 

The  amendment  offered  by  Mr.  Broad- 
head  was  then  disagreed  to  by  the  follow- 
ing vote — the  ayes  and  noes  called  for  by 
Mr.  Pipkin  : 

AYES — Messrs.  Broadhead,  Gantt,  Hen- 
derson, How,  Isbell,  Johnson,  Leeper,  Mau- 
pin, Meyer,  and  Turner — 10. 


NOES — Messrs.  Allen,  Birch,  Bogy,  Breck- 
inridge,  Bridge,  Bush,  Douglass,  Eitzen, 
Gravelly,  Hall  of  B.,  Hall  of  R.,  Hendricks, 
Hitchcock,  Holmes,  Howell,  Irwin,  Jackson, 
Jamison,  Linton,  Long,  Marvin,  McCor- 
mack, McDowell,  McFerran,  Noell,  Orr, 
Phillips,  Pipkin,  Pomeroy,  Rowland,  Smith 
of  L.,  Smith  of  St.  L.,  Stewart,  Tindall, 
Welch,  Woolfolk,  Wright,  Vanbuskirk, 
Zimmerman,  and  Mr.  President — 40. 

The  amendment  of  Mr.  MCFERRAN  was 
then  agreed  to  by  the  following  vote — the 
ayes  and  noes  called  for  by  Mr  .Welch : 

AYES — Messrs.  Allen,  Birch,  Bogy,  Breck- 
inridge,  Broadhead,  Bridge,  Bush,  Douglass, 
Gantt,  Gravelly,  Hall  of  B.,  Henderson, 
Hendricks,  Hitchcock,  Holmes,  How,  Irwin, 
Jackson,  Jamison,  Johnson,  Linton,  Long, 
Marvin,  McCormack,  McDowell,  McFerran, 
Orr,  Phillips,  Smith  of  L.,  Smith  of  St. 
L.,  Stewart,  Tindall,  Woolfolk,  Wright,  and 
Zimmerman — 36. 

NOES— Messrs.  Hall  of  R.,  Howell,  Is- 
bell, Leeper,  Maupin,  Meyer,  Noell,  Pip- 
kin, Pomeroy,  Rowland,  Turner,  Welch, 
Vanbuskirk,  and  Mr.  President — 14. 

On  motion  of  Mr.  BOGY,  the  Convention 
adjourned  until  to-morrow  morning  at  ten 
o'clock. 


SIXTH     DA.Y 


WEDNESDAY  MORNING,  October  16,  1861. 


The  Convention  met  pursuant  to  adjourn- 
ment, and  was  opened  with  prayer  by  the 
Rev.  Mr.  PORTER. 

The  Journal  of  the  proceedings  of  yes- 
terday was  read  and  approved. 

Mr.  WELCH  offered  the  following  resolu- 
tions : 

Be  it  Resolved  by  the  Convention  of  the 

State  of  Missouri,  as  follows  : 
First.  That  the  certificates  of  pay  of  the 
members  and  officers  of  this  Convention, 
signed  by  the  President  and  attested  by 
the  Secretary  of  said  Convention,  shall  be 
received  by  the  various  collectors  of  this 
State  in  payment  of  all  taxes  and  dues, 


due  or  to  become  due  to  the  State,  and  the 
Auditor  and  Treasurer  of  the  State  shall 
pass  upon  and  allow  the  amount  so  paid  by 
said  collectors  on  said  certificates  as  so 
much  money  paid  by  said  collectors. 

Second.  That  nothing  in  the  foregoing 
resolution  shall  be  construed  to  prevent 
said  certificates  from  being  presented  di- 
rectly to  the  Auditor  and  Treasurer  of 
State  for  allowance  and  payment,  but  said 
certificates  shall  be  audited  and  paid  by 
said  officers  upon  presentation,  out  of  any 
money  in  the  treasury  not  otherwise  appro- 
priated. 

Third.  Said  certificates  shall  be  assign- 
able by  the  endorsement  of  the  name  of  the 


14 


member  or  officer  to  whom  the  same  shall 
be  due  and  payable,  and  said  certificate  so 
endorsed  shall  entitle  the  holder  to  all  the 
rights  which  the  original  holder  or  owner 
might  have  under  these  resolutions,  and  the 
same  shall  be  allowed  and  paid  to  said 
holder  in  all  respects  as  if  he  were  the  par- 
ty to  whom  the  same  were  originally  due. 
Which  were  adopted  by  the  following 
vote,  the  ayes  and  noes  having  been  called 
by  Mr.  Pipkin  : 

AYES — Messrs.  Allen,  Birch,  Bogy,  Breck- 
inridge,  Broadhead,  Bridge,  Bush,  Eitzen, 
Foster,  Gantt,  Gravelly,  Hall  of  B.,  Hall  of 
R.,  Henderson,  Hendricks,  Holmes,  Howell, 
Irwin,  Isbell,  Jackson,  Jamison,  Johnson, 
Leeper,  Linton,  Long,  Marvin,  Maupin, 
McDowell,  McFerran,  Meyer,  Noell,  Orr, 
Pomeroy,  Rowland,  Shackelford  of  St.  L., 
Smith  of  L.,  Smith  of  St.  L.,  Tindall,  Tur- 
ner, Welch,  Vanbuskirk,  and  Zimmerman 
—42. 

NOES — Messrs. Douglass,  Hitchcock,  How, 
McCormack,  Phillips,  Pipkin,  Sayre,  Wool- 
folk,  and  Mr.  President— 9. 

The  Convention  resumed  the  considera- 
tion of  the  ordinance  reported  by  Mr.  MC- 
FERRAN from  the  Committee  on  Civil  Offi- 
cers. 

Mr.  LONG  offered  the  following  amend- 
ment, which  was  agreed  to  : 

"  Amend  the  3d  section  by  inserting  the 
words  '  St.  Louis  county  excepted*  after 
the  word  'State/  in  the  second  line." 

Mr.  MCFERRAN  offered  the  following 
amendment : 

Amend,  by  way  of  new  section,  as  fol- 
lows : 

Eighth.  Any  person  whatsoever  who 
may  take  and  subscribe  the  oath  provided 
by  this  ordinance,  and  file  the  same  in  the 
office  of  the  Secretary  of  State,  or  any 
County  Clerk's  office  in  this  State,  within 
ten  days  after  receiving  notice  of  the  pas- 
sage of  this  ordinance,  being  within 
forty  days  of  the  passage  thereof,  shall 
be  exempt  from  arrest  or  punishment  for 
offences  previously  committed  by  taking  up 
arms  against  the  Provisional  Government 
of  this  State,  or  giving  aid  or  comfort  to 
its  enemies  in  the  present  civil  war,  subject 
to  the  penalties  of  perjury  as  provided  in 
this  ordinance  j  and  it  shall  be  the  duty  of 


the  Secretary  of  State  and  respective  County 
Clerks  to  make  out  and  deliver  to  persons 
filing  such  oath  a  certificate  of  the  fact  un- 
der their  respective  seals  of  office,  which 
certificate  shall  be  prima  facie  evidence  in 
all  courts  and  to  all  persons  that  the  person 
named  therein  has  complied  with  and 
claims  the  benefit  of  this  ordinance.  And 
the  Governor  of  this  State  is  hereby  directed 
to  furnish  a  copy  of  this  ordinance  to  the 
President  of  the  United  States  immediate- 
ly, and  request  him  in  the  name  of  the  peo- 
ple of  Missouri,  by  proclamation,  to  ex- 
empt all  persons  taking  said  oath  under 
this  ordinance  from  all  penalties  they  may 
have  incurred  by  taking  up  arms  against 
the  United  States,  or  giving  aid  or  comfort 
to  its  enemies  in  the  present  civil  war. 
The  amendment  was  agreed  to. 

Mr.  BROADHEAD  offered  the  following 
amendment  to  the  ordinance  : 

Amend  by  inserting  after  the  word 
f'  State,"  occurring  in  the  first  line  of  the 
5th  section,  the  following  :  "  So  far  as  the 
same  are  paid  out  of  the  State  Treasury." 

Mr.  GANTT  proposed  to  amend  the  amend- 
ment by  adding,  as  follows  :  "  or  made  a 
burden  on  the  county  treasuries  by  State 
legislation." 

Which  was  agreed  to  by  the  following 
vote — the  ayes  and  noes  called  for  by  Mr. 
GANTT  : 

AYES — Messrs.  Allen,  Birch,  Bogy,Breck- 
inridge,  Bush,  Douglass,  Foster,  Gantt, 
Hall  of  B.,  Hall  of  R.,Henderson,Hendricks, 
Holmes,  Irwin,  Jackson,  Linton,  Long  Mar- 
vin, McCormack,  McDowell,  McFerran, 
Meyer,  Morrow,  Noell,  Pomerov,  Rowland, 
Shackelford  of  St.  L.,  Smith  cf  L.,  Smith 
of  St.  L.,  Stewart,  Turner,  Woolfolk,  Zim- 
merman, and  Mr.  President — 34. 

NOES — Messrs.  Broadhead,  Bridge,  Eit- 
zen, Gravelly,  Hitchcock,  How,  Howell, 
Isbell,  Jamison,  Leeper,  Maupin,  Orr, 
Phillips,  Pipkin,  Sayre,  Tindall,  Welch, 
and  Vanbuskirk — 18. 

The  amendment  of  Mr.  BROADIIEAD,  as 
thus  amended,  was  then  agreed  to. 

Mr.  BIRCH  offered  the  following  amend- 
ment : 

Amend,  by  adding  after  the  word  "sala- 
ries," in  the  first  and  third  line  of  the  fifth 


15 


section,  the  words  "and  fees;"  which  was 
disagreed  to. 

Mr.  MCFERRAN  offered  the  following 
amendment,  which  was  agreed  to  : 

Amend  by  striking  out  the  words  "  forty 
days,"  wherever  they  occur  in  sections 
six,  seven  and  eight,  and  insert  instead 
thereof  the  words  "  sixty  days." 

Mr.  POMEROY  offered  the  following  amend- 
ment, which  was  agreed  to  : 

Amend  the  third  section  by  adding  as 
follows  :  "  And  that  the  fees  of  said  clerks, 
respectively,  for  services  herein  contem- 
plated shall  in  no  case  exceed  the  sum  of 
fifty  dollars  per  annum." 

Mr.  WELCH  offered  the  following  amend- 
ment : 

Strike  out  sections  one,  two,  three  and 
four,  and  insert  as  follows  :  "  First.  The 
Auditor  of  the  State  is  hereby  directed  and 
required  not  to  audit  or  allow,  and  the 
Treasurer  of  the  State  is  hereby  directed 
and  required  not  to  pay,  from  and  after  the 
passage  of  these  resolutions,  the  salaries 
allowed  by  existing  laws  of  this  State  of  the 
following  named  officers,  except  as  herein- 
after provided,  to  wit : 

1.  The  Board  of  Public  Works. 

2.  The     Superintendent     of      Common 

Schools. 

3.  The   State    Geologist  and    Assistant 

State  Geologist. 

4.  The  Officers  of  the  State  Lunatic  Asy- 

lum. 

5.  The  Officers   of  the  Deaf  and  Dumb 

Asylum. 

6.  The  Judges  of  the  Circuit  Court. 

7.  Circuit  Attorneys,  except  in  the  coun- 

ty of  St.  Louis. 

8.  Bank    Commissioner    and    Assistant 

Bank  Commissioner. 

"Second.  Beit  further  Resolved)  That  the 
suspension  of  payment  of  salaries  designa- 
ted and  provided  for  in  the  foregoing  reso- 
lution shall  continue  until  the  duties  of  the 
several  officers  shall  have  been  fully  resu- 
med, and  until  payment  thereof  shall  be 
directed  by  the  Provisional  Governor  ap- 
pointed by  this  Convention,  or  his  succes- 
sor, duly  elected  by  the  qualified  voters  of 


this  State ;  and  such  payments  shall  be 
from  the  time  so  designated,  and  not  be- 
fore. 

"  Third.  Be  it  further  Resolved,  That  the 
Secretary  of  the  Convention  furnish  to  the 
Auditor  and  Treasurer,  each,  a  duly  certi- 
fied copy  of  these  resolutions." 

On  motion  of  Mr.  GANTT,  the  amendment 
was  laid  on  the  table  by  the  following  vote, 
the  ayes  and  noes  being  called  for  by  Mr. 
WELCH  : 

AYES — Messrs.  Allen,  Birch,  Breckin- 
ridge,  Broadhead,  Bridge,  Bush,  Douglass, 
Eitzen,  Gantt,  Gravelly,  Hall  of  B.,  Hall  of 
R.,  Henderson,  Holmes,  How,  Irwin,  Isbell, 
Jackson,  Jamison,  Johnson,  Leeper,  Lin- 
ton,  Long,  Marvin,  McCormack,  McDowell, 
McFerran,  Meyer,  Noell,  Orr,  Phillips, 
Pomeroy,  Rowland,  Sayre,  Shackelford  of 
St.  L.,  Smith  of  St.  L.,  Stewart,  Tindall, 
Turner,  Woolfolk,  Vanbuskirk,  and  Zim- 
merman— 43. 

NOES — Messrs.  Foster,  Hitchcock,  How- 
ell,  Maupin,  Morrow,  Pipkin,  Smith  of  L., 
Welch,  and  Mr.  President— 9. 

Mr.  HALL  of  B.  moved  the  previous  ques- 
tion, which  was  ordered ;  the  question  be- 
ing, "shall  the  main  question  be  now  put?5' 
it  was  decided  in  the  affirmative  by  the  fol- 
lowing vote,  the  ayes  and  noes  being  called 
for  by  Mr.  BROADHEAD  : 

AYES — Messrs.  Allen,  Birch,  Breckin- 
ridge,  Bridge,  Foster,  Gantt,  Gravelly,  Hall 
of  B.,  Hall  of  R.,  Henderson,  Hitchcock, 
Holmes,  How,  Irwin,  Isbell,  Jackson,  Ja- 
mison, Johnson,  Leeper,  Linton,  Long, 
Marvin,  McCormack,  McFerran,  Meyer,  No- 
ell,  Rowland,  Sayre,  Smith  of  L.,  Stewart, 
Tindall,  Woolfolk,  Vanbuskirk,  Zimmer- 
man, and  Mr.  President — 35. 

NOES — Messrs.  Bogy,  Broadhead,  Bush, 
Douglass,  Eitzen,  Howell,  McDowell,  Orr, 
Phillips,  Pipkin,  Pomeroy,  Shackelford  of 
St.  L.,  Smith  of  St.  L.,  and  Welch— 14. 

On  motion  of  MCCORMACK,  the  Conven- 
tion adjourned  until  3  o'clock  P.  M. 


EVENING    SESSION. 

The  Convention  met  pursuant  to  adjourn- 
ment. 

The  first  and  second  sections  of  the  ordi- 
nance providing  for  abolishing  certain  offi- 
ces, &c.,  which  .was  under  consideration, 
were  adopted. 


16 


The  third  section  was  adopted  by  the 
following  vote,  the  ayes  and  noes  being 
called  for  by  Mr.  MCFERRAN  : 

AYES — Messrs.  Allen,  Birch,  Bogy,Breck- 
inridge,  Bridge,  Douglass,  Eitzen,  Foster, 
Gantt,  Henderson,  Holmes,  Irwin,  Leeper, 
Linton,  Long,  McCormack,  McFerran,  Mey- 
er, Noell,  Orr,  Phillips,  Pomeroy,  Rowland, 
Smith  of  St.  L.,  Stewart,  Turner,  and  Zim- 
mermann — 27. 

NOES — Messrs.  Broadhead,  Bush,  Grav- 
elly, Hall  of  B.,  Hall  of  R.,  Hendricks, 
Hitchcock,  How,  Howell,  Jackson,  John- 
son, Marvin,  Maupin,  McDowell,  Pipkin, 
Sayre,  Shackelford  of  St.  L.,  Smith  of  L., 
Tindall,  Welch,  Woolf  oik,  Vanbuskirk,  and 
Mr.  President— 23. 

The  fourth  section  was  adopted. 

The  fifth  section  was  rejected  by  the  fol- 
lowing vote — the  ayes  and  noes  called  for 
by  Mr.  Welch : 

AYES— Messrs.  Allen,  Birch,  Bogy,  Breck- 
inridge,  Eitzen,  Gantt,  Gravelly,  Hender- 
son, Holmes,  Isbell,  Jackson,  Leeper,  Lin- 
ton,  Long,  Marvin,  McCormack,  McFerran, 
Meyer,  Morrow,  Orr,  Smith  of  St.  L.,  Stew- 
art, Turner,  and  Zimmerman — 24. 

NOES — Messrs.  Broadhead,  Bridge,  Bush, 
Douglass,  Foster,  Hall  of  B.,  Hall  of  R., 
Hendricks,  Hitchcock,  How,  Howell,  Irwin, 
Jamison,  Johnson,  Maupin,  McDowell,  No- 
ell,  Phillips,  Pipkin,  Pomeroy,  Rowland, 
Sayre,  Shackelford  of  St.  L.,  Smith  of  L., 
Tindall,  Welch,  Woolf  oik,  Vanbuskirk,  and 
Mr.  President— 29. 

The  sixth  section  was  then  adopted  by 
the  following  vote — the  ayes  and  noes  call- 
ed for  by  Mr.  McFerran  : 

AYES — Messrs.  Allen,  Birch,  Bogy,  Breck- 
inridge,  Bridge,  Douglass,  Eitzen,  Foster, 
Gantt,  Gravelly,  Hall  of  B.,  Henderson, 
Hendricks,  Hitchcock,  Holmes,  How,  Irwin, 
Isbell,  Jackson,  Jamison,  Johnson,  Leeper, 
Linton,  Long,  McCormack,  McDowell,  Mc- 
Ferran, Meyer,  Noell,  Orr,  Phillips,  Pome- 
roy, Shackelford  of  St.  L.,  Smith  of  St.  L., 
Stewart,  Vanbuskirk,  and  Zimmerman — 37. 

NOES — Messrs.  Broadhead,  Bush,  Hall  of 
R.,  Howell,  Marvin,  Maupin,  Pipkin,  Row- 
land, Sayre,  Smith  of  Linn,  Tindall,  Tur- 
ner, Welch,  Woolfolk,  and  Mr.  President 
— 15. 

The  seventh  section  was  then  adopted, 
and  also  the  eighth,  by  the  following  vote, 
the  ayes  and  noes  having  been  called  for 
by  Mr.  McFerran  : 

AYES — Messrs.  Allen,  Birch,  Bogy,  Doug- 
lass, Gravelly,  Hall  of  B.,  Hall  of  R.,  Hen- 


derson, Hendricks,  Howell,  Jackson,  Jami- 
son, Long,  Linton,  McFerran,  Morrow, 
Noell,  Orr,  Phillips,  Pipkin,  Pomeroy, 
Sayre,  Shackelford  of  St.  L.,  Smith  of  St. 
L.,  Welch,  Woolfolk,  Wright,  Vanbuskirk, 
Zimmerman,  and  Mr.  President — 30. 

NOES — Messrs.  Breckinridge,  Broadhead, 
Bridge,  Bush,  Eitzen,  Foster,  Gantt,  Hitch- 
cock, Holmes,  How,  Irwin,  Isbell,  Johnson, 
Leeper,  Marvin,  Maupin,  McCormack,  Mc- 
Dowell, Meyer,  Rowland,  Smith  of  Linn, 
Stewart,  Tindall,  and  Turner— 24. 

Mr.  MCDOWELL  moved  the  reconsidera- 
tion of  the  vote  rejecting  the  5th  section  of 
the  ordinance. 

Mr.  HALL  of  B.  moved  to  lay  the  motion 
to  reconsider  on  the  table,  which  motion 
was  decided  in  the  negative  by  the  follow- 
ing vote,  the  ayes  and  noes  having  been 
called  for  by  McFerran: 

AYES — Messrs.  Broadhead,  Bridge,  Bush, 
Douglass,  Hall  of  B.,  Hall  of  R.,  Hitchcock, 
How,  Maupin,  Morrow,  Noell,  Phillips, 
Pomeroy,  Rowland,  Sayre,  Smith  of  Linn, 
Tindall,  Turner,  Vanbuskirk,  and  Mr.  Pres- 
ident—20. 

NOES— Messrs.  Allen,  Birch,  Bogy,  Breck- 
inridge, Eitzen,  Foster,  Gantt,  Gravelly, 
Henderson,  Hendricks,  Holmes,  Howell, 
Irwin,  Isbell,  Jackson,  Jamison,  Johnson, 
Leeper,  Linton,  Long,  Marvin,  McCormack, 
McDowell,  McFerran,  Meyer,  Orr,  Shackel- 
ford of  St.  L.,  Smith  of  St.  L.,  Stewart, 
Woolfolk,  and  Zimmerman — 31. 

The  motion  to  reconsider  was  then  deci- 
ded in  the  affirmative. 

The  question  being  on  the  adoption  of. 
the  5th  section,  it  was  decided  in  the  affirm- 
ative by  the  following  vote,  the  ayes  and 
noes  having  been  called  by  Mr.  McFerran  : 

AYES  — Messrs.  Allen,  Birch,  Breckin- 
ridge, Eitzen,  Foster,  Gantt,  Gravelly,  Hen- 
derson, Hendricks,  Holmes,  Isbell,  Jackson, 
Johnson,  Leeper,  Linton,  Long,  Marvin, 
McCormack,  McDowell,  McFerran,  Meyer, 
Morrow,  Orr,  Pomeroy,  Shackelford  of  St. 
L.,  Smith  of  St.  L.,  Stewart,  and  Zimmer- 
mann — 28. 

NOES— Messrs.  Bogy,  Broadhead,  Bridge, 
Bush,  Douglass,  Hall  of  B.,  Hall  of  R., 
Hitchcock,  How,  Hudgens,  Irwin,  Jamison, 
Maupin,  Noell,  Phillips,  Rowland,  Sayre, 
Smith  of  L.,  Tindall,  Turner,  Vanbuskirk, 
and  Mr.  President— 22. 

Excused  from  voting — Messrs.  Howell, 
Pipkin,  and  Woolfolk. 

Mr.  HALL  of  R.  gave  notice  that  he  would 
on  tomorrow  propose  to  amend  the  rules  of 


17 


this  Convention,  so  that  no  member  shall 
speak  more  than  five  minutes  on  any  ques- 
tion during  the  present  session  of  the  Con- 
vention. 

On  motion  of  Mr.  GANTT,  the  Convention 
adjourned  until  7  o'clock  p.  M. 

NIGHT    SESSION. 

The  Convention  met  pursuant  to  adjourn- 
ment. 

There  being  no  quorum  present,  Mr.  HOW- 
ELL  moved  a  call  of  the  House,  which  was 
ordered,  and  the  absentees  noted ;  when, 
on  motion  of  Mr.  BIRCH,  all  further  pro- 
ceedings under  the  call  were  dispensed 
with. 

The  Convention  proceeded  to  the  consid- 
eration of  the  following  ordinance,  report- 
ed to  the  Convention  by  Mr.  TINDALL,  chair- 
man of  the  Committee  on  the  Militia,  and 
made  the  special  order  for  this  day  at  10 
o'clock : 

AN  ORDINANCE  TO  PROVIDE  FOR  THE  ORGANI- 
ZATION AND  GOVERNMENT  OF  THE  MISSOURI 
STATE  MILITIA. 

Be  it  ordained  by  the  people  of  the  State  of 

Missouri,    in    Convention  assembled,  as 

follows,  to- wit : 

First.  All  able-bodied  free  white  male 
inhabitants  of  this  State,  between  the  ages 
of  eighteen  and  forty-five  years,  shall  be 
liable  to  military  duty  under  this  ordi- 
nance, and  when  enrolled  shall  constitute 
and  be  known  and  designated  as  the  "Mis- 
souri State  militia." 

Second-  When  the  Missouri  State  militia 
shall  be  called  into  the  actual  service  of  the 
State,  the  officers  and  men  shall  be  subject 
to  the  same  rules  and  regulations,  and  ar- 
ticles of  war,  that  govern  the  armies  of  the 
United  States. 

ORGANIZATION. 

Third.  The  commander-in-chief  shall 
have  power  to  call  troops  into  actual  ser- 
vice by  volunteer  enlistments,  according  to 
such  regulations  as  he  may  prescribe. 

Fourth.  Troops  shall  be  mustered  into 
service  by  the  inspector  general  or  his  as- 
sistants, in  such  manner  as  may  be  pre- 
scribed by  the  commander-in-chief,  and 
2 


on  entering  the  service  all  officers  and  men 
shall  take  the  following  oath,  to  be  admin- 
istered by  the  inspecting  officer  : 

((  You,  each  and  every  one  of  you,  do 
solemnly  swear  that  you  will  t°nestly  and 
faithfully  serve  the  State  of  Missouri 
against  all  her  enemies,  and  that  you  will 
do  your  utmost  to  sustain  the  Constitution 
and  Laws  of  the  United  States,  and  of  this 
State,  against  all  violence  of  whatsoever 
kind  or  description ;  and  you  do  further 
swear  that  you  will  well  and  truly  execute 
and  obey  the  lawful  orders  of  all  officers 
properly  placed  over  you,  whilst  on  duty, 
so  help  you  God." 

Fifth.  The  State  militia  of  Missouri 
shall  be  organized  by  companies  into  bat- 
talions, regiments,  and  brigades,  in  the 
manner  prescribed  in  the  rules  and  regula- 
tions for  the  government  of  the  United 
States  army,  and  when  in  actual  service 
of  the  State  shall  receive  the  same  pay  and 
emoluments  as  the  United  States  army,; 
and  any  company,  battalion  or  regiment 
mustered  into  the  service  of  the  State  may 
at  their  option,  at  any  time,  be  mustered 
into  the  service  of  the  United  States. 

Sixth.  Companies  of  infantry  shall  not 
contain  less  than  sixty-four  (64)  men 
(including  non-commissioned  officers),  nor 
more  than  one  hundred. 

Companies  of  cavalry  shall  contain  not 
less  than  fifty  men  (including  non-com- 
missioned officers),  nor  more  than  eighty. 

Companies  of  artillery  shall  not  contain 
less  than  fifty,  nor  more  than  one  hundred 
men. 

Seventh.  The  commissioned  officers  of  a 
company  of  infantry,  cavalry  or  artillery, 
shall  be  one  captain,  one  first  and  one  se- 
cond lieutenant,  who  shall  be  elected  by 
the  members  of  the  company  after  being 
mustered  into  service  ;  and  any  vacancy  in 
such  offices  shall  be  filled  by  election  in 
like  manner. 

Eighth.  Captains  of  companies  shall  ap- 
point the  non-commissioned  officers  of  their 
own  companies. 

REGIMENTS. 

Ninth.  A  regiment  shall  consist  of  not 
less  than  eight,  nor  more  than  ten  compa- 


18 


nies  ;  the  field  officers  of  which  shall  con- 
sist of  one  colonel,  one  lieutenant  colonel 
and  one  major. 

BRIGADES. 

Tenth.  A  brigade  shall  consist  of  not  less 
than  two  nor  more  than  five  regiments,  to 
be  commanded  by  a  brigadier  general. 

STAFF. 

Eleventh.  The  Governor  shall  nominate, 
and  by  and  with  the  advice  of  the  Senate 
appoint,  the  following  chiefs  of  staff  depart- 
ment :  One  adjutant  general,  one  inspec- 
tor general,  one  quartermaster  general, 
one  comissary  general,  one  surgeon  gen- 
eral, one  paymaster  general — all  with  the 
rank  of  colonel  of  cavalry — each  of  whom 
shall  perform  the  duties  of  his  office  in  ac- 
cordance with  the  rules  and  regulations  of 
the  United  States  army,  or  such  other  rules 
and  regulations  as  may  be  prescribed  by 
the  commander-in-chief. 

Twelfth.  The  quartermaster  general  and 
the  commissary  general  shall,  on  receiving 
their  appointments,  execute  and  deliver  to 
the  State  their  bonds,  each  in  the  sum  of 
twenty  thousand  dollars,  ($20,000,)  with 
sureties,  to  be  approved  by  the  Governor,  for 
the  faithful  performance  of  their  duties,  and 
the  Governor  shall  require  of  all  disbursing 
officers  a  bond  in  such  amounts  and  with 
such  securities  as  he  may  deem  necessary 
for  the  faithful  discharge  of  their  duties. 

Thirteenth.  The  commander-in-chief  may 
also  appoint  and  commission  such  number 
of  aids-de-camp  as  may  be  necessary  for 
the  requirements  of  the  service,  with  the 
rank  of  colonel. 

Fourteenth.  The  commander-in-chief 
shall  also,  without  the  concurrence  of  the 
Senate,  appoint  and  commission  such  other 
staff  officers  as  may  be  necessary  for  the 
requirements  of  the  service,  and  shall  de- 
signate their  rank  in  their  respective  com- 
missions :  and  such  officers  shall  perform 
such  duties  as  are  prescribed  by  the  rules 
and  regulations  of  the  army  of  the  United 
States,  or  such  as  may  be  prescribed  by 
the  commander-in-chief. 
OFFICERS. 

Fifteenth.  The  Governor  shall  nominate, 
and  by  and  with  the  advice  and  consent  of 


the  Senate  appoint,  one  major  general,  and 
the  necessary  number  of  brigadier  gener- 
als, colonels,  lieutenant  colonels,  and  ma- 
jors of  the  line. 

Sixteenth.  Whenever,  during  the  recess 
of  the  Senate,  it  shall  be  necessary  to  ap- 
point to  any  military  office  of  the  line  above 
the  rank  of  captain,  the  Governor  may  ap- 
point to  such  office,  subject  to  the  confir- 
mation of  the  Senate  at  their  next  session 
thereafter. 

Seventeenth.  The  major  general  com- 
manding may  nominate  to  the  Governor  for 
commission  one  assistant  adjutant  general, 
two  aids-de-camp  with  the  rank  of  lieu- 
tenant colonel ;  and  the  commander-in- 
chief  may  detail  for  duty  on  the  staff  of 
the  major  general  commanding  such  other 
staff  officers  as  the  necessities  of  the  ser- 
vice may  require. 

Eighteenth.  Brigadier  generals,  when  in 
actual  command,  may  nominate  to  the  Gov- 
ernor for  commission,  one  acting  assistant 
adjutant  general,  one  aid-de-camp  with 
the  rank  of  major ;  and  the  commander-in- 
chief  may  detail  such  other  staff  officers 
for  duty  with  the  brigade  as  the  necessi- 
ties of  the  service  may  require. 

Nineteenth.  Colonels  of  regiments,  when 
in  actual  command,  shall  nominate  to  the 
Governor  for  commission,  one  adjutant  with 
the  rank  of  captain  ;  and  the  commander- 
in-chief  may  detail  such  other  staff  officers 
for  regimental  duty  as  the  service  requires. 
The  colonel  of  each  regiment  shall  select 
from  his  command  well  instructed  and  good 
soldiers  to  fill  the  posts  of  sergeant  major, 
quartermaster  sergeant,  commissary  ser- 
geant and  color  sergeants,  who  will  con- 
stitute the  non-commissioned  staff  of  the 
regiment,  and  be  appointed  by  warrant 
given  under  the  hand  of  the  colonel. 

Twentieth.  Persons  holding  civil  offices 
under  this  State,  or  civil  military  offices 
under  the  United  States,  may  hold  offices 
under  this  ordinance ;  and  no  civil  office 
under  this  State  shall  be  vacated  by  the 
acceptance  of  a  military  office  under  the 
United  States. 

UNIFORM. 
Twenty-first.   The    commander-in-chief 


19 


shall  prescribe  the  uniform  to  be  worn  by 
the  Missouri  militia. 

Twenty-second.  All  officers,  when  on  du- 
ty, shall  wear  the  uniform  of  their  rank. 

COURTS    MARTIAL. 

Twenty-third.  Courts  martial  shall  be 
constituted,  and  shall  proceed  in  all  cases 
in  the  same  manner,  as  is  provided  by  law 
or  regulation  for  the  army  of  the  United 
States. 

Twenty-fourth.  All  contractors  for  sup- 
plies for  the  State  militia  shall  be  subject 
to  trial  by  court  martial  for  any  fraud  prac- 
ticed in  respect  to  such  supplies,  and  shall, 
on  conviction  thereof,  be  punished  with 
death  or  other  punishment,  at  discretion 
of  the  court. 

Twenty-jifth.  Any  officer  of  the  State 
militia  who  shall  be  convicted  by  a  court 
martial  of  wilfully  defrauding  the  State  in 
any  matter  of  which  he  has  official  charge, 
or  of  conniving  at  any  fraud  practiced  upon 
the  State  by  others,  shall  suffer  death  or 
such  other  punishment  as  the  court  may 
inflict. 

Twenty-sixth.  The  commander-in-chief 
shall  have  power  to  prescribe  such  rules 
and  regulations  for  the  government  of  the 
Missouri  State  militia  as  he  may  deem  ne- 
cessary. 

Twenty- seventh.  He  may  vacate  the  com- 
mission of  any  officer  whom  he  may  judge 
unfit  for  the  service,  and  he  shall  have 
power  to  appoint  military  boards  to  report 
upon  the  qualifications  of  any  officer  com- 
missioned or  to  be  commissioned. 

Twenty-eighth.  The  articles  of  war  shall 
be  published  with  this  ordinance,  with  the 
rerbal  changes  necessary  to  conform  them 
to  forces  organized  and  serving  under  the 
authority  of  the  State. 

Twenty-ninth.  Headquarters  of  the  Mis- 
souri State  militia  shall  be  in  St.  Louis 
until  removed  by  the  commander-in-chief. 
Thirtieth.  No  period  of  residence  is  re- 
quired to  admit  persons  to  service  in  the 
Missouri  State  militia. 

Thirty-first.  All  bodies  of  troops  here- 
tofore organized  and  mustered  into  the 
service  of  the  State  under  the  provisions  of 
an  ordinance  entitled  "  An  Ordinance  con- 


cerning the  repeal  and  abrogation  of  cer- 
tain laws,  and  for  other  purposes,"  here- 
tofore adopted  by  this  Convention,  shall  be 
continued  in  the  service  as  (if)  organized 
under  this  act.  Provided,  however,  that 
the  Governor  t  may  remove  any  officer 
now  acting  in  the  militia,  in  accordance 
with  the  provisions  of  the  twenty-seventh 
section  of  this  act ;  and  may,  at  any  time, 
vacate  the  commissions  of  such  officers  as 
are  not  authorized  by  this  ordinance  :  And 
provided  also,  that  all  commissions  now 
issued  to  third  lieutenants  of  companies 
under  the  said  recited  act,  are  hereby  va- 
cated ;  and  it  shall  be  the  duty  of  the  com- 
mander-in-chief to  authorize  some  mem- 
ber of  the  staff  department,  or  some  other 
agent  whom  he  may  appoint  for  that  pur- 
pose, to  proceed  to  such  place  in  the  State 
as  may  be  necessary,  and  examine  into  the 
expenses  incurred  in  the  preliminary  as- 
sembling and  organization  of  companies, 
the  procurement  of  arms,  the  furnishing 
of  supplies,  and  other  necessary  expenses 
incurred  in  and  about  the  organization  of 
troops  under  the  Governor's  proclamation 
of  the  24th  of  August  last,  and  said  agent 
or  officer  shall  adjust  such  claims  as  may 
be  prescribed  to  him,  allowing  such  as 
maybe  deemed  just,  and  rejecting  those 
found  to  be  unjust.  He  shall  report  his 
proceeding  to  the  Governor,  who,  if  he  ap- 
prove the  same,  shall  so  certify  to  the 
proper  officer,  who  shall  cause  the  claims  or 
accounts  so  allowed  to  be  paid ;  but  such 
preliminary  examination  shall  be  unneces- 
ry  in  any  case  where  the  Governor  shall 
have  such  personal  knowledge  in  regard  to 
any  such  claims  as  to  justify  him  in  cer- 
tifying it  to  the  proper  officer  as  hereinbe- 
fore provided. 

Thirty-second.  So  much  of  the  "Act  to 
govern  and  regulate  the  volunteer  militia 
of  the  State,"  approved,  as  aforesaid,  bj 
this  Convention,  as  conflicts  with  the  pro- 
visions of  this  ordinance,  is  hereby  repeal- 
ed ;  but  all  legal  acts  done,  and  proceed- 
ings properly  had  for  the  organization  and 
support  of  the  militia,  under  and  by  virtue 
of  said  act,  shall  be  valid  and  binding  as  if 
authorized  by  this  ordinance. 

Thirty-third.  This  ordinance  may  be  al- 


20 


tered,  modified  or  repealed  by  the  General 
Assembly  of  this  State,  in  the  same  manner 
and  with  like  effect  as  the  ordinary  legis- 
lation of  the  State  may  be  altered,  amend- 
ed or  repealed. 

MR.  JACKSON  asked  and  obtained  leave  to 
change  his  vote  from  aye  to  no,  on  the 
adoption  of  the  eighth  section  of  the  (l Ordi- 
nance for  abolishing  certain  offices." 

On  leave  of  the  Convention,  Mr.  BIRCH 
introduced  the  following  ordinance,  which 
was  adopted : 

AN  ORDINANCE  RESPECTING  CERTAIN   RECORDS 
AND  OTHER  PROPERTY  OF  THE  STATE. 

Be  it  ordained  by  the  People  of  the  State  of 
Missouri,  in  Convention  assembled : 
That  it  shall  be  the  duty  of  the  Board  of 
Public  Works,  of  the  Commissioner  of  Com- 
mon Schools,  and  of  the  Geologist  and  As- 
sistant Geologist  of  the  State,  to  transfer 


and  deliver  the  records,  papers  and  other 
property  of  their  respective  offices  to  the 
Secretary  of  State,  who  shall  preserve  an 
inventory  thereof  in  his  office,  and  grant 
proper  receipts  therefor.  The  County 
School  Commissioners  shall  in  like  manner 
deliver  the  records,  papers,  and  other  pro- 
perty of  their  respective  offices  to  the  clerks 
of  their  respective  counties,  who  shall  in 
like  manner  issue  to  them  receipts  for  the 
same. 

Mr.  WOOLFOLK  offered  to  amend  the  "Or- 
dinance for  organizing  the  militia,'5  &c.,  as 
follows  : 

Strike  out  the  words  f '  or  draft  if  neces- 
sary," in  the  third  section;  upon  which  mo- 
tion, Mr.  Stewart  called  for  the  ayes  and 
noes.  There  being  no  quorum  present, 

On  motion  of  Mr.  HALL  of  B.,  the  Con- 
vention adjourned  until  to-morrow  morn- 
ing at  9  o'clock. 


SEVENTH     DA.Y. 


The  Convention  met  pursuant  to  adjourn- 
ment. 

The  Journal  of  the  proceedings  of  yester- 
day was  read  and  approved. 

Mr.  HALL  of  R.  offered  the  following  re- 
solution : 

Resolved,  That  no  member  be  permitted 
to  speak  more  than  five  minutes  on  any 
question  before  the  Convention  during  the 
present  session. 

Mr.  GANTT  moved  the  previous  question, 
which  was  ordered  ;  the  question  being, 
"  Shall  the  main  question  be  now  put?"  it 
was  carried,  and  the  resolution  declared 
adopted  by  the  President ;  when, 

Mr.  WELCH  called  for  a  division  of  the 
vote,  and  called  for  the  ayes  and  noes.  The 
resolution  was  adopted  by  the  following 
vote  : 

AYES — Messrs.  Allen,  Birch,  Bogy,  Breck- 
inridge,  Bridge,  Bush,  Foster,  G  mtt,  Gra- 
velly, Hall  of  B.,  Hall  of  R.,  Henderson, 


THURSDAY  MORNING,  October  17,  1861. 

Hitchcock,  Holmes.  How,  Howell,  Irwin, 
Isbell,  Jackson,  Jamison,  Johnson,  Leeper, 
Linton,  Long,  Marvin,  Maupin,  McCor- 
mack,  McDowell,  McFerran,  Meyer,  Phil- 
lips, Pomeroy,  Rowland,  Shac^elford  of 
St.  L.,  Smith  of  L.,  Smith  of  St.  L., 
Stewart,  Tindall,  Woolfolk,  Vanbuskirk, 
Zimmerman,  and  Mr.  President — 42. 

NOES  —  Messrs.  Douglass,  Hendricks, 
Hudgens,  Orr,  Pipkin,  Sayre,  Turner,  and 
Welch— 8. 

The  Convention  resumed  the  considera- 
tion of  the  amendment,  offered  by  Mr. 
Woolfolk,  to  the  third  section  of  the  "  Or- 
dinance for  organizing  the  militia,"  &c., 
which  was  agreed  to  by  the  following  vote, 
the  ayes  and  noes  having  been  called  for  by 
Mr.  Stewart : 

AYES — Messrs.  Allen,  Birch,  Breckin- 
ridge,  Douglass,  Foster,  Gravelly,  Hall  of 
B.,  Hall  of  R.,  Henderson,  Hitchcock, 
Howell,  Hudgens,  Irwin,  Jackson,  Jamison, 
Long,  Marvin,  Phillips,  Pipkin,  Pomeroy, 
Rowland,  Sayre,  Shackelford  of  St.  L., 


21 


Smith  of  L.,  Smith  of  St.  L.,  Stewart,  Tin- 
dall,  Welch,  Woolfolk,  Vanbuskirk,  Zim- 
merman, and  Mr.  President — 32. 

NOES — Messrs.  Bogy,  Bridge,  Bush,  Eit- 
zen,  Gantt,  Hendrieks,  Holmes,  How, 
Isbell,  Johnson,  Leepcr,  Linton,  Maupin, 
McCormack,  McDowell,  McFerran,  Meyer, 
Orr,  and  Turner— 19. 

Mr.  ORR  moved  to  amend  by  striking 
out  sections  fifteen  and  sixteen,  and  insert 
the  following : 

"  Each  company,  or  legal  body,  when 
formed  and  mustered  into  the  service  of 
the  State,  shall  proceed  to  elect  by  ballot 
the  officers  provided  for  in  this  act  ;  the 
candidate  receiving  the  highest  number  of 
votes  shall  be  commissioned  by  the  Gov- 
nernor. 

Mr.  SMITH  of  L.  moved  to  amend  the 
amendment,  by  adding  to  the  ninth  sec- 
tion, after  the  word  "  major,"  "who  shall 
be  elected  by  the  commissioned  officers  of 
said  companies;"  which  was  disagreed  to. 

The  original  amendment  was  likewise 
disagreed  to. 

Mr.  PHILLIPS  offered  the  following  amend- 
ment, which  was  adopted : 

Amend  the  fourth  section  by  inserting, 
immediately  before  the  word  "  order ;"  oc- 
curring in  the  seventh  line,  the  word  "law- 
ful." 

Mr.  WELCH  offered  the  following  amend- 
ment, which  was  disagreed  to  : 

Amend  by  striking  out  section  two. 

Mr.  TIXDALL  offered  the  following  amend- 
ment, which  was  agreed  to  : 

Amend  by  adding  the  following  at  the 
end  of  section  five  :  "  And  any  company, 
battalion,  or  regiment,  mustered  into  the 
service  of  the  State  may,  at  their  option 
at  any  time,  be  mustered  into  the  service 
of  the  United  States." 

Mr.  FOSTER  offered  the  following  amend- 
ment, which  was  disagreed  to  : 

Amend  by  prefacing  at  the  beginning 
of  section  nine  :  "  A  battalion  shall  con- 
sist of  not  less  than  two  nor  more  than 
five  companies,  and  shall  be  entitled  to 
one  major." 

Mr.  TINDALL  offered  the  following  amend- 
ment to  section  thirty-one,  which  was 
agreed  to  : 


"  And  it  shall  be  the  duty  of  the  Com- 
mander-in-Chief  to  authorize  some  mem- 
ber of  the  staff  department,  or  some  other 
agent  whom  he  may  appoint  for  that  pur- 
pose, to  proceed  to  such  place  in  the  State 
as  may  be  necessary,  and  examine  into  the 
expenses  incurred  in  the  preliminary  as- 
sembling and  organization  of  companies, 
the  procurement  of  arms,  the  furnishing  of 
supplies  and  other  necessary  expenses  in- 
curred in  and  about  the  organization  of 
troops,  under  the  Governor's  proclama- 
tion of  the  24th  August  last ;  and  said 
agent  or  officer  shall  adjust  such  claims  as 
may  be  presented  to  him,  allowing  such  as 
he  may  deem  just  and  rejecting  those 
found  to  be  unjust.  He  shall  report  his 
proceedings  to  the  Governor,  who,  if  he 
approve  the  same,  shall  so  certify  to  the 
proper  officer,  who  shall  cause  the  claims 
or  accounts  so  allowed  to  be  paid;  but 
such  preliminary  examination  shall  be  un- 
necessary in  any  case  where  the  Governor 
shall  have  such  personal  knowledge  in  re- 
spect to  any  such  claims  as  will  justify 
him  in  certifying  it  to  the  proper  officer 
for  payment  as  hereinbefore  provided 
for." 

The  ordinance,  as  amended,  was  then 
adopted  by  the  following  vote — the  ayes 
and  noes  called  by  Mr.  PIPKIN  : 

AYES — Messrs.  Allen,  Birch.  Bogy,  Breck- 
inridge,  Broadhead,  Bridge,  Bush,  Doug- 
lass, Eitzen,  Foster,  Gantt,  Gravelly,  Hall 
of  B.,  Hall  of  R.,  Henderson,  Hendricks, 
Hitchcock,  Holmes,  How,  Irwin,  Isbell, 
Jackson,  Jamison,  Johnson,  Leeper,  Long, 
Marvin,  Maupin,  McUormack,  McDowell, 
McFerran,  Meyer,  Noell,  Phillips,  Pome- 
roy,  Rowland,  Shackelford  of  St.  L.,  Stew- 
art, Tindall,  Turner,  Vanbuskirk,  Zim- 
merman, and  Mr.  President — 43. 

NOES — Messrs.  Howell,  Hudgens,  Orr, 
Pipkin,  Sayre,  Smith  of  L.,  Welch,  and 
Woolfolk— 8. 

On  motion  of  Mr.  MCFERRAN,  the  title  of 
the  ordinance,  passed  by  the  Convention, 
"  Providing  for  abolishing  certain  offices, 
reducing  salaries,  and  testing  the  loyalty 
of  civil  officers  in  this  State,"  was  amend- 
ed, by  adding  thereto,  "  and  providing  an 
amnesty  for  certain  persons  on  certain  con- 
ditions." 

Mr.  How,  from  the  Committeo  on  Ways 


22 


and  Means,  made  a  report,  which  was  re- 
ceived and  agreed  to. 

Mr.  BIRCH,  from  the  Committee  on  Ways 
and  Means,  reported  an  ordinance,  enti- 
tled, "  An  ordinance  providing  for  the  de- 
fence of  the  State,"  which,  on  motion  of 
Mr.  PHILLIPS,  was  laid  on  the  table,  two 
hundred  copies  ordered  to  be  printed,  and 
made  the  special  order  for  to-morrow  at 
ten  o'clock. 

Mr.  HENDERSON  offered  an  ordinance  on 
the  same  subject,  which  was  disposed  of 
in  like  manner. 

Mr.  WELCH  offered  the  following  resolu- 
tion, which  was  adopted  : 

Resolved)  That  an  ordinance  passed  at 
the  present  session  of  this  Convention,  en- 
titled "  An  ordinance  providing  for  chang- 
ing the  time  of  holding  certain  elections/5 
and  an  ordinance  entitled  "  An  ordinance 
providing  for  abolishing  certain  offices, 
reducing  salaries  and  testing  the  loyalty 
of  civil  officers,  and  offering  amnesty  to 
certain  persons  on  certain  conditions," 
passed  at  the  present  session  of  this  Con- 
vention, be  published  and  paid  for  in  the 
same  manner  as  the  ordinances  adopted  by 
this  Convention  at  its  session  in  July 
last. 

Mr.  MCFERRAN,  from  the  Committee  on 
Civil  Officers,  made  the  following  report  : 

The  Committee  on  Civil  Officers  have  had 
under  consideration  the  accompanying  or- 
dinance, and  a  majority  agree  to,  and  re- 
port the  same  back  to  the  Convention,  and 
recommend  its  adoption. 

McFERRAN,  Chairman. 


AN  ORDINANCE  CONCERNING  THE  REPEAL  OF 
THE  SECOND  SECTION  OF  AN  ACT  OF  THE 
GENERAL  ASSEMBLY  OF  THE  STATE  OF  MIS- 
SOURI, ENTITLED,  "  AN  ACT  TO  ESTABLISH  A 
UNIFORM  SYSTEM  OF  PUBLISHING  NOTICES  OF 
JUDICIAL  SALES  AND  OTHER  LEGAL  NOTICES 
IN  ST.  LOUIS  COUNTY,  STATE  OF  MISSOURI." 

Be  it  ordained  by  the  People  of  Missouri 
in  Convention  assembled,  as  follows  : 
The  second  section  of  an  act  of  the  Gene- 
ral Assembly  of  the  State  of  Missouri,  ap- 
proved March  5,  1861,  entitled,  "  An  act  to 
establish  a  uniform  system  of  publishing 
notices  of  judicial  sales  and  other  legal 
notices  in  St.  Louis  county,  State  of  Mis- 
souri," is  hereby  repealed,  and  declared  of 
no  validity  whatever. 

Mr.  HALL  of  B.  moved  to  lay  the  or- 
dinance on  the  table,  which  motion  was 
decided  in  the  negative  by  the  following 
vote — the  ayes  and  noes  called  for  by  Mr. 
WRIGHT  : 

AYES — Messrs.  Douglass,Gravelly,Hall  of 
B.,  Henderson,  Hendricks,  Howell,  Jamison, 
Johnson,  Noell,  Phillips,  Pipkin,  Pomeroy, 
Rowland,  Sayre,  Shackelford  of  St.  L., 
Stewart,  Tindall,  Welch,  Woolf oik,  Wright, 
Vanbuskirk,  and  Mr.  President — 22. 

NOES — Messrs.  Allen,  Birch,  Bogy,  Breck- 
inridge,  Broadhead,  Bridge,  Bush,  Eitzen, 
Foster,  Gantt,  Hitchcock,  Holmes,  How, 
Irwin,  Isbell,  Jackson,  Leeper,  Linton, 
Long,  Marvin,  Maupin,  McCormack,  Mc- 
Dowell, McFerran,  Meyer,  Orr,  Smith  of 
St.  L.,  Turner,  and  Zimmerman — 29. 

On  the  passage  of  the  ordinance  Mr. 
PIPKIN  called  for  the  ayes  and  noes,  and  it 
appearing  there  was  no  quorum,  on  motion 
of  Mr.  HALL  of  B.,  the  Convention  ad- 
journed until  to-morrow  morning  at  ten 
o'clock. 


23 


EIGHTH     DA.Y. 


The  Convention  met  pursuant  to  ad- 
journment, and  was  opened  with  prayer  by 
the  Rev.  Mr.  McCLAiN. 

The  Journal  of  the  proceedings  of  yes- 
terday was  read  and  approved. 

The  regular  order  having  been  passed 
1  over  temporarily,  Mr.  WELCH  introduced 
the  following  resolution,  which  was 
adopted : 

Resolved,  That  the  President  appoint  a 
committee  of  three  to  contract  with  George 
Knapp  and  Co.,  for  the  printing  of  five 
thousand  copies  of  the  debates  and  pro- 
ceedings of  the  present  called  session  of 
the  State  Convention,  at  rates  not  exceed- 
ing those  heretofore  agreed  upon  between 
the  Convention  and  the  said  George  Knapp 
<fe  Co.,  at  its  regular  session  in  March 
last. 

Resolved,  That  the  account  of  George 
Knapp  &  Co.,  for  printing  five  thousand 
copies  of  the  proceedings  and  debates  of 
this  Convention,  be  audited  by  said  com- 
mittee, and  that  the  same  be  considered  as 
printing  for  the  Convention,  and  paid  for 
as  other  allowances  of  the  Convention. 

Resolved,  That  said  printed  proceedings 
be  distributed  equally  among  the  members 
of  the  Convention. 

The  President  appointed  upon  said  com- 
mittee Messrs.  Welch,  Smith  of  St.  L., 
and  Long. 

Mr.  WELCH  offered  the  following  resolu- 
tion, which  was  adopted: 

Resolved,  That  the  Committee  on  Ac- 
counts be  directed  to  audit  and  allow  the 
accounts  for  stationery  purchased  for  the 
use  of  the  Convention  ;  and  also  the  claim 
for  the  rent  of  the  Hall  occupied  by  the 
Convention,  and  that  said  claim  for  rent 
and  stationery  be  paid  as  other  accounts  of 
tho  Convention. 

The  ordinance  to  provide  for  the  defense 
of  the  State  introduced  by  Mr.  BIRCH,  from 


FRIDAY  MORNING,  October  18,  1861. 

the  Committee  on  Ways  and  Means,  was 
taken  up,  and  is  as  follows  : 

AN  ORDINANCE  TO  PROVIDE  FOR  THE  DEFENSE 
OF  THE  STATE. 

Be  it  ordained  by  the  People  of  the  State 
of  Missouri^  by  their  Delegates  in  Con- 
vention assembled,  as  follows : 
That  in  order  to  facilitate  the-  prompt 
and  regular  acknowledgment  of  such  in- 
debtedness as  may  accrue  under  the  provi- 
sions of  the  ordinance  (( to  provide  for  the 
organization  and  government  of  the  Mis- 
souri State  Militia/'  in  cases  where  no 
money  may  be  at  the  time  available  for 
the  payment  thereof ,  the  Auditor  of  Public 
Accounts  shall  cause  to  be  prepared  war- 
rants in  the  form  hereafter  prescribed,  with 
such  devices  as  he  may  think  proper — such 
warrants  to  be  of  the  denominations  of  five, 
ten,  twenty,  fifty,  one  hundred,  and  one 
thousand  dollars,  making  the  amount  in 
dollars  of  each  denomination  equal,  and 
the  whole  amount,  to  be  outstanding  at  any 
time,  not  to  exceed  one  million  dollars — 
which  warrants  shall  be  signed  by  the  Au- 
ditor, and  countersigned  by  the  Secretary 
of  State,  and  shall  be  registered  in  the  of- 
fice of  the  Auditor  and  Secretary  of  State, 
and  shall  be  at  all  times  redeemable  at 
the  Treasury,  out  of  any  money  in  the 
Treasury  not  otherwise  appropriated. 

The  following  shall  be  the  form  of  said 
warrants  before  being  filled  up  : 

The  State  of   Missouri  promises  to  pay 

to or  to  his  assignee, dollars, 

and  this  warrant  shall  be  receivable  in 
taxes  due  the  State,  and  the  bank  stock 
owned  by  the  State  is  pledged  for  its  re- 
demption, if  it  shall  not  be  otherwise  re- 
deemed or  paid  in  for  taxes  before  the 
thirty-first  day  of  December,  1862. 

Auditor. 

(Countersigned,) 

Secretary  of  State. 


24 


The  warrants  shall  be  delivered  to  snch 
persons  as  the  State  may  be  indebted, 
whether  for  services,  subsistence,  forage, 
clothing,  transportation,  or  other  necessa- 
ries furnished  according  to  law  to  the  troops 
in  the  service  of  the  State,  and  shall  pass 
by  special  assignment  alone  ;  and  in  order 
that  such  acknowledgments  may  be  made, 
the  Auditor  shall  issue  to  any  disbursing  of- 
ficer of  the  State  Militia,  upon  the  order  of 
the  Governor,  such  amounts  as  may  may 
be  required  for  the  public  service — the  war- 
rants so  issued  having  the  blank  for  the 
name  of  the  payee  unfilled,  and  to  be  filled 
by  the  disbursing  officer  with  the  name  of 
the  person  to  whom  the  State  is  indebted, 
and  to  whom  the  warrant  shall  be  issued. 
The  officer  receiving  such  warrants  from  the 
Auditor  shall  give  his  duplicate  receipts 
therefor,  one  of  which  shall  be  filed  in  the 
office  of  the  Auditor,  and  the  other  in  the 
office  of  the  Secretary  of  State  ;  and  each 
disbursing  officer  shall  be  charged  by  the 
Auditor  with  the  amount  of  warrants  so 
issued  to  him,  and  shall  settle  with  the 
Auditor  therefor,  by  producing  legal  and 
valid  vouchers  for  the  amount  paid  out  by 
him,  and  return  the  residue  to  the  Auditor ; 
such  settlement  to  be  made  at  the  end  of 
each  quarter  of  a  year  from  the  first  day  of 
January,  in  the  year  eighteen  hundred  and 
sixty-two.  The  disbursing  officer  so  deliv- 
ering a  warrant  to  a  creditor  of  the  State, 
shall  endorse  on  the  warrant  so  delivered 
the  statement  that  he  issued  it,  thus  — 
"This  warrant  issued  by  me"  —  and  shall 
subscribe  thereto  his  name  with  his  style 
of  office,  and  said  warrant  shall  be  taken  up 
or  redeemed  by  the  proper  disbursing  offi- 
cer with  money,  whenever  he  may  be  fur- 
nished with  it  for  that  purpose. 

The  Treasurer  shall  receive  from  each  col- 
lector of  taxes,  upon  settlement,  such  war- 
rants as  may  have  been  paid  in  to  him  for 
taxes,  and  shall  give  him  credit  therefor 
as  cash ;  and  any  sheriff,  or  other  collector 
of  taxes,  who  shall  directly  or  indirectly  be 
concerned  in  the  purchase  of  such  warrants 
at  a  discount  upon  their  nominal  amount, 
shall  be  guilty  of  a  misdemeanor,  and,  upon 
conviction  thereof,  shall  be  fined  double  the 
amount  of  the  warrant  so  purchased. 


At  the  end  of  each  fiscal  year,  the  Secre- 
tary of  State,  Auditor,  and  Treasurer,  shall 
together  compare  the  warrants  that  may 
have  been  paid  into  the  treasury  for  taxes 
with  the  register  in  the  offices  of  the  Secre- 
tary and  Auditor,  and  if  it  be  found  that 
such  warrants  are  genuine  and  correspond 
with  the  register,  and  that  there  is  no  rea- 
son to  believe  that  fraud  has  been  practised 
upon  the  State  in  relation  to  such  warrants, 
they  shall  destroy  those  thus  redeemed  ; 
but  if  they  find  that  any  fraud  has  been 
practised,  they  shall  preserve  the  warrants 
which  may  have  been  fraudulently  issued, 
altered,  counterfeited,  or  used,  to  be  evi- 
dence in  any  judicial  proceeding. 

Mr.  HENDERSON  moved  to  amend  as  fol- 
lows : 

Amend  by  adding  to  the  ordinance  the 

following : 

"Be  it  further  ordained,  That  for  the 
purpose  of  arming  and  supporting  the  Mili- 
tia of  the  State,  and  with  a  view  to  protect 
the  lives  and  property  of  its  citizens,  the 
Governor  of  the  State  is  hereby  authorized 
and  empowered  to  issue  bonds  of  the  State 
to  the  amount  of  one  million  of  dollars, 
which  said  bonds  shall  be  dated  on  the  day 
of  their  issue,  and  made  payable  ten  years 
after  the  date  thereof,  bearing  interest  at 
the  rate  of  seven  per  cent,  per  annum,  and 
with  interest  coupons  attached ;  the  inter- 
est to  be  paid  semi-annually,  at  the  Bank 
of  Commerce,  in  the  city  of  New  York,  or 
at  such  other  point  as  the  Governor  may 
deem  expedient. 

"  Said  bonds  shall  be  issued  under  the 
seal  of  the  State,  in  sums  of  not  less  than 
two  hundred  nor  more  than  five  thousand 
dollars— shall  be  signed  by  the  Governor, 
and  countersigned  by  the  Secretary  of 
State.  The  interest  coupons  shall  be  signed 
by  the  Governor,  and  attested  by  the  Aud- 
itor of  Public  Accounts,  and  shall  be  made 
payable  on  the  first  day  of  January  and  the 
first  day  of  July  of  each  year.  The  bonds 
aforesaid  shall  be  made  payable  to  the 
Auditor  of  Public  Accounts,  and  by  him 
numbered  and  registered  in  his  office. 

"  The  Auditor  shall  endorse  said  bonds, 
and  deliver  the  same  to  the  Governor,  who  is 
hereby  authorized  and  empowered  to  nego- 


tiate  the  same  upon  such  terms  as  he  may 
deem  best  for  the  interests  of  the  people 
of  the  State.  He  may  hypothecate  them, 
or  any  amount  of  them,  to  individuals,  or 
to  the  Government  of  the  United  States, 
for  moneys  advanced  ;  and  if  the  same  can 
not  be  sold  nor  hypothecated  upon  terms 
satisfactory  to  the  Governor,  he  shall  so- 
licit the  endorsement  of  said  bonds  by  the 
proper  authorities  of  the  Federal  Govern- 
ment previous  to  their  negotiation. 

"  All  bonds  issued  under  the  provisions 
of  this  ordinance  shall  be  denominated 
UNION  DEFENCE  BONDS  OF  MISSOU- 
RI; the  faith  and  credit  of  the  State  are 
hereby  pledged  to  the  payment  of  the  prin- 
cipal and  interest  thereof,  and  for  the  pur- 
pose of  securing  the  prompt  payment  of  the 
interest  thereon,  it  is  hereby  ordained  that 
the  Treasurer  of  the  State  shall  annually 
set  aside  the  sum  of  seventy  thousand 
dollars  out  of  any  money  coming  into  the 
treasury  on  account  of  the  revenues  of  the 
State. 

"In  order  to  secure  the  ultimate  redemp- 
tion of  the  aforesaid  bonds,  it  is  hereby  or- 
dained and  declared  that  the  clerks  of  the 
county  courts  of  the  several  counties  of  the 
State,  or  the  clerks  of  the  tribunals  then  en- 
trusted with  similar  duties  under  the  laws  of 
the  State  at  the  time,  when  they  prepare  a 
copy  of  the  tax  books  for  the  years  1870  and 
1871,  for  the  use  of  the  collectors  of  their 
respective  counties,  levy,  in  addition  to 
the  tax  which  shall  or  may  then  be  levied 
by  the  laws  of  the  State,  fifteen  cents  on 
the  hundred  dollars  of  taxable  property, 
for  each  of  the  years  aforesaid,  in  their  re- 
spective counties,  which  said  tax  shall  be 
kept  separate  by  the  collectors  and  the 
Auditor  and  Treasurer  of  the  State,  under 
the  title  or  head  of  "Union  Defence  Fund." 
During  the  years  1870  and  1871,  there  shall 
be  levied  and  collected  upon  all  licenses 
granted  a  tax  of  twenty-five  per  cent,  in 
addition  to  the  amounts  prescribed  to  be 
collected  thereon  by  the  legislation  of  the 
State  at  that  time,  which  said  license  tax 
shall  in  like  manner  be  paid  into  the  treas- 
ury to  the  credit  of  said  fund.  And  upon 
the  maturity  of  the  bonds  hereinbefore  pro- 
vided for,  the  Governor  and  Treasurer  of 


the  State  shall  cause  the  same  to  be  re- 
deemed out  of  the  fund  herein  created. 

"The  said  tax  shall  be  collected  in  the 
same  manner  as  may  at  the  time  be  provi- 
ded for  the  collection  of  the  revenue  of  the 
State;  and  the  several  officers  charged 
with  duties  in  respect  to  the  collection  of 
the  general  revenue  shall  have  the  same 
powers  and  privileges  in  respect  to  said 
special  tax,  and  shall  be  liable  to  the  same 
penalties  and  forfeitures  for  failure  to  per- 
form their  respective  duties." 
The  amendment  was  agreed  to. 
The  ordinance  as  amended  was  then 
adopted  by  the  following  vote,  the  ayes 
and  noes  being  called  by  Mr.  Wright : 

AYES — Messrs.  Allen,  Birch,  Bogy,  Breck- 
inridge,  Broadhead,  Bridge,  Bush,  Eitzen, 
Gravelly,  Hall  of  B.,  Hall  of  R.,  Hender- 
son, Hendricks,  Hitchcock,  Holmes,  How, 
Irwin,  Isbell,  Jackson,  Jamison,  Johnson, 
Leeper,  Linton,  Long,  Maupin,  McDowell, 
McFerran,  Meyer,  Noell,  Orr,  Pomeroy, 
Rowland,  Shackelford  of  St.  L.,  Smith  of 
St.  L.,  Turner,  Vanbuskirk,  and  Zimmer- 
man— 37. 

NOES — Messrs.  Douglass,  Howell,  Hudg- 
ens,  Marvin,  McCormack,  Phillips,  Pipkin, 
Sayre,  Smith  of  L.,  Tindall,  Welch,  Wool- 
folk,  Wright,  and  Mr.  President— 14. 

Mr.  Woolfolk  offered  the  following  reso- 
lutions, which  were  adopted : 
Be  it  resolved  by  the  People  of  Missouri  in 
Convention  assembled,  as  follows: 
That,  as  many  of  our  loyal  citizens  have 
entered  into  the  service  of  the  State  of  Mis- 
souri for  the  purpose  of  repelling  invasion, 
suppressing  insurrection,  and  enforcing 
the  laws  of  the  Union  in  this  State,  which 
duties  the  Constitution  imposes  upon 
the  Federal  Government ;  and  believing 
that  the  citizen  soldiery  of  the  State,  ac- 
quainted as  they  are  with  persons  and  lo- 
calities, are  more  effective  for  suppressing 
the  civil  and  social  war  in  our  midst,  and 
restoring  and  preserving  law  and  order, 
than  troops  from  other  States  ;  and  further 
believing  that  the  militia  system  should  be 
maintained,  as  many  of  our  citizens  will 
enter  the  service  of  the  State  who  would  be 
unable  or  unwilling  to  enlist  as  Federal 
soldiery ;  and  whereas  the  financial  condi- 
tion of  the  State  of  Missouri  renders  it  inv 
practicable  to  provide  for  the  arming,  main- 


26 


tenance  and  pay  of  such  volunteer  militia  as 
have  enlisted  or  may  hereafter  enlist  in  the 
service  of  the  State  during  the  existence  of 
the  present  civil  and  social  war  in  our  midst: 

Resolved)  That  the  Governor  be  directed 
to  proceed  to  Washington,  to  make  known 
to  the  General  Government  the  condition 
of  the  State,  its  military  organization  and 
finances,  and  to  propose  to  that  Govern- 
ment such  measures  as  will  enable  the  State 
to  cooperate  efficiently  in  the  prosecution 
of  the  present  war. 

Mr.  BRECKINRIDGE  offered  the  following 
resolution : 

Resolved^  That  when  this  Convention  ad- 
journ its  present  session,  it  will  adjourn  to 
meet  in  the  Representative  Hall  at  Jeffer- 
son city,  on  the  first  Monday  of  April,  A. 
A.  1862;  subject,  however,  to  the  call  of 
the  Governor,  who  shall  have  power  to  con- 
vene the  body  at  such  time  prior  thereto, 
and  at  such  place,  as  in  his  judgment  the 
public  exigencies  may  require. 

Mr.  HOWELL  moved  to  amend,  by  way  of 
substitute : 

Resolved,  That  when  this  Convention 
adjourns  its  present  session,  it  shall  stand 
adjourned  sine  die. 

Which  was  disagreed  to. 

Mr.  ORR  moved  to  amend  by  striking  out 
the  words  "and  at  such  place  as  in  his 
judgment  the  public  exigencies  may  re- 
quire." Disagreed  to. 

Mr.  SMITH  of  St.  Louis  offered  the  follow- 
ing substitute,  which  was  adopted  : 

Resolved,  That  the  existence  of  this  Con- 
vention shall  terminate  on  the  day  of  the 
assemblage  of  the  Legislature  to  be  elected 
in  1862,  and  in  the  interim  shall  be  subject 
to  be  called  together  by  the  Governor  if  in 
his  opinion  the  exigencies  of  the  State  may 
require  its  assemblage,  but  not  otherwise. 

Mr.  BIRCH  offered  the  following,  which 
was  adopted : 

Resolved)  That  the  Secretary  of  this 
Convention  be  instructed  and  required 
to  properly  enrol  the  ordinances  of  this 
Convention,  certify  to  the  date  of  the  pas- 
sage thereof,  and  file  them  in  the  office  of 
the  Secretary  of  State. 

On  motion  of  Mr.  HALL  of  B.,  the  Con- 
vention adjourned  until  3  o'clock  P.  M. 


EVENING    SESSION. 

The  Convention  was  called  to  order  by 
the  President. 

Mr.  WELCH  offered  the  following  resolu- 
tion, which  was  adopted  : 

Whereas,  at  the  first  session  of  this  Con- 
vention, a  contract  was  entered  into  by  this 
body,  through  a  committee  appointed  for 
that  purpose,  with  two  reporters,  to  report 
its  debates  and  proceedings ;  and  whereas 
since  the  last  adjournment  one  of  said  re- 
porters has  departed  this  life,  and  the  whole 
and  entire  labor  of  such  report  has  been 
performed  by  Mr.L.L.  Walbridge,  the  sur- 
vivor of  said  reporters  :  Therefore, 

Resolved,  That  the  Committee  on  Ac- 
counts be  instructed  to  allow  to  said  L.  L. 
Walbridge  the  pay  heretofore  allowed  to 
both  of  said  reporters,  and  that  said  claim 
be  paid  in  the  same  manner  as  the  pay  of 
the  officers  and  members  of  this  Conven- 
tion. 

Mr.  BIRCH  presented  the  following  : 

AN  ORDINANCE  CONCERNING  THE  RESUMPTION 
OF  SPECIE  PAYMENT  BY  ALL  THE  BANKS  IN 
THE  STATE  OF  MISSOURI. 

Whereas  the  General  Assembly  of  the 
State  of  Missouri  did,  contrary  to  the  true 
interest  of  the  people  and  in  violation  of 
the  Constitution  of  the  State,  enact  cer- 
tain laws  attempting  to  legalize  the  sus- 
pension of  specie  payment  by  the  banks  of 
this  State :  Therefore, 

Be  it  ordained.  That  all  the  banks  of 
issue  chartered  in  this  State,  parent  banks 
and  their  branches,  shall  resume  specie 
payment  on  or  before  the  first  day  of  Feb- 
ruary, 1862.  From  and  after  said  day,  they 
shall  be  required  to  redeem  each  their  own 
circulation  with  gold  and  silver  coin ;  and 
whenever,  after  said  day,  a  demand  shall  be 
made  at  the  counter  of  any  bank  for  the 
redemption  of  her  notes,  the  same  shall  be 
considered  as  on  demand,  without  regard 
to  the  denomination  or  number  of  notes 
presented.  If  any  bank  shall  fail  promptly 
to  pay  and  redeem  in  gold  and  silver  coin 
her  notes,  when  such  demand  is  made,  the 
charter  of  such  bank  shall  be  annulled  and 
forfeited ;  and  it  shall  be  the  duty  of  the 
Governor,  on  receiving  evidence  satisfac- 
tory to  him  of  such  failure,  to  take  pos- 


27 


session  immediately  of  all  the  property  and 
assets  of  such  bank,  of  whatever  nature  and 
description,  and  wherever  the  same  may 
be  located,  and  to  have  the  affairs  and  busi- 
ness of  such  bank  administered  and  wound 
up  for  the  best  interest  of  its  creditors,  by 
such  persons  as  he  shall  designate  in  such 
manner  as  to  pay  and  cancel,  first,  her  cir- 
culation ;  next,  to  pay  all  other  lawful 
debts  of  such  bank,  and  lastly,  to  divide 
any  balance  remaining  among  the  stock- 
holders :  and  all  acts  and  parts  of  acts  in- 
consistent with  this  ordinance  are  hereby 
repealed. 

Pending  action  on  which,  on  motion  of 
Mr.  HALL  of  B.,  the  Convention  took  a  re- 
cess of  half  an  hour. 

The  Convention  having  been  called  to 
order  by  the  President, 


Mr.  SMITH  of  St.  Louis  presented  the  fol- 
lowing, which  was  read : 

AN  ORDINANCE  TO  PREVENT  THE  SACRIFICE  OP 
PROPERTY. 

The  People  of  Missouri  in  Convention  as- 
sembled, do  ordain  as  follows : 
All  real  estate  hereafter  sold  under  ex- 
ecution or  deed  of  trust  shall  be  subject  to 
redemption  any  time  within  two  years  from 
the  passage  of  this  ordinance,  on  payment 
of  the  debt,  interest,  and  costs,  with  inter- 
est thereon  at  the  rate  of  ten  per  cent,  per 
annum  from  the  time  of  such  sale  until 
the  day  of  redemption. 

On  motion  of  Mr.  HALL  of  B.,  the  Con- 
vention adjourned. 

ROBERT  WILSON,  President. 

Attest : 
SAMUEL  A.  LOWE,  Secretary. 


INDEX 


Assistant  Sergeant-at- Arms,  appointed •••••     6 

Committees  appointed— on   Militia 6-6 

Ways  and  Means 6-6 

Civil  Officers 6-6 

Elections 5-6 

Revenue 5-6 

Communication  from  the  Governor 4 

Doorkeeper  appointed 5 

Doorkeeper  and  Sergeant-at-arms  sworn  •  •     5 

Eighth  day's  proceedings 23 

Fifth  day's  proceedings 11 

First  day's  proceedings 3 

Mileage  for  members,  order  made  for 11 

Ordinance  concerning  the  repeal  of  the  sec- 
ond section  of  an  act  of  the  General 
Assembly  of  the  State  of  Missouri, 
entitled  "An  Act  to  establish  a 
un.form  system  of  publishing  no- 
tices of  judicial  sales  and  other 
legal  notices  in  St.  Louis  county, 
State  of  Missouri."  Considered"  22 
concerning  the  resumption  of  specie 
payment  by  all  the  banks  in  the 

State  of  Missouri 26 

to  prevent  the  sacrifice  of  property  •  •  •  27 
to    provide   for    the  defence   of  the 

State ....  23 

amendment  to  same 24 

Ordinance  to  provide  for  the  organization 

of  the  State  Militia 17 

same  considered 20 

same  adopted  as  amended 21 

Ordinance,  proposed  by  Mr.  Meyer 8-9 

respecting  certain  Records  and  other 

property  of  the  State 20 

Petition  from  the  Presidents  of  Railroads-  11 

Proclamation  of  Gov.  Gamble 3 

Proposition  to  amend  rules,  Mr.  Hall  of  R.«   16 
Report  of  Committee  on  Civil  Officers,  con- 
sideration of,  resumed 14 

of  Committee  on  Civil  Officers ;  con- 
sidered     12-13 


Report  of  Committee  on  Civil  Officers 10 

of  Committee  on  Elections,  as  amend- 
ed    11 

of  Committee  on  Elections,  consider- 
ed      9 

of  Committee  on  Elections 8 

of  Committee  on  Militia 11-12 

of  Committee  of  Ways   and  Means; 

agreed  to 21 

Resolution  and  amendment  to  refer  Gov- 
ernor's Message  to  Committee  of 

Eight 6 

to  Enrol  the  Ordinances 26 

to  print  proceedings ;  adopted 23 

to  pay  Reporter 26 

by  Mr.  Birch 7 

by  Mr.  Breckinridge,  for  Chaplain  • « •     7 
by   Mr.   Breckinridge,  with   amend- 
ments, substitute 26 

by  Mr.  Hall  of  R.,  adopted 20 

by  Mr.  Hitchcock,  referred  to  Com- 
mittee of  Ways  and  Means 6-7 

by  Mr.  Long,  referred  to  Committee 

of  Ways  and  Means 6 

by  Mr.  McCormack,  referred  to  Com- 
mittee of  Ways  and  Means 11 

by  Mr.  McFerran,  adopted 7 

by  Mr.  McDowell,  referred  to  Com- 
mittee on  Elections 6 

by  Mr.  Stewart,  referred  to  Commit- 
tee on  Elections • 6 

by  Mr.  Welch,  to  receive  certificates 
of  pay  of  the  members  for  taxes ; 

adopted 13 

by  Mr.  Welch,  referred  to  Committee 

of  Ways  and  Means 6 

by  Mr.  Woolfolk,  adopted 25 

by  Mr.  Zimmerman,  referred  to  Com- 
mittee of  Ways  and  Means 9 

|  Second  day's  proceedings 4 

|  Seventh  day's  proceedings 20 

!  Third  day's  proceedings 8 


PROCEEDINGS 


OP  THE 


HELD  AT  THE 


CITY    OF    ST.    LOUIS, 


OCTOBEB,    1861. 


ST.    LOUIS: 

OEORQE  KNAPP  &  CO.,  PRINTERS  AND  BINDERS. 

1861. 


PROCEEDINGS 


OF  THE 


MISSOURI  STATE  CONVENTION, 


HELD  AT  THE  CITY  OF  ST.  LOUIS,  OCTOBEB;  1861. 


FIRST 


The  State  Convention  met  at  eleven  o'clock, 
and  was  called  to  order  by  the  Vice-President, 
Mr.  WELCH. 

The  Clerk  called  the  roll,  and  only  thirty- 
five  answered  to  their  names,  as  follows  : 

Messrs  Bogy,  Breckinridge,  Broadhead, 
Bridge,  Bush,  Douglass,  Gravelly,  Hall  of  Bu- 
chanan, Holmes,  How,  Howell,  Hudgins,  Isbell, 
Jackson,  Johnson,  Leeper,  Linton,  Long,  Mar- 
vin, McCormack,  McDowell,  Meyer,  Orr,  Phil- 
lips, Pipkin,  Pomeroy,  Rowland,  Shackelford 
of  St.  Louis,  Smith  of  Linn,  Smith  of  St.  Lou- 
is, Turner,  Welch,  Woolfolk,  Vanbuskirk, 
Zimmerman. 

The  Vice-President  said  he  was  at  a  loss  to 
know  what  step  to  take  in  the  absence  of  a 
quorum. 

Mr.  BROADHEAD  moved  to  adjourn  until  to- 
morrow morning. 

Mr.  BIRCH  moved  to  adjourn  until  3  o'clock 
this  afternoon. 

Mr.  BROADHEAD  withdrew  his  motion,  and 


THURSDAY,  October  10,  1861. 

the  motion  of  Mr.  Birch  was  sustained.     The 
Convention  then  adjourned  to  3  o'clock. 


AFTERNOON   SESSION. 

The  Convention  met  at  3  P.  M.  The  roll 
was  called  and  the  following  members  answer- 
ed to  their  names : 

Messrs.  Birch,  Breckinridge,  Broadhead, 
Bridge,  Bush,  Douglass,  Eitzen,  Gravelly,  Hall 
of  Buchanan,  Hitchcock,  Holmes,  How,  How- 
ell,  Hudgins,  Isbell,  Jackson,  Johnson,  Leeper, 
Linton,  Long,  Marvin,  McCormack,  McDow- 
ell, Meyer,  Orr,  Phillips,  Pipkin,  Pomeroy, 
Rowland,  Sayer,  Shackelford  of  St.  Louis, 
Smith  of  Linn,  Smith  of  St.  Louis,  Stewart, 
Tindall,  Turner,  Welch,  Welch,  Woolfolk, 
Wright,  and  Zimmerman. 

There  not  being  a  quorum  present,  Mr. 
HALL  of  Buchanan  moved  the  Convention  ad- 
journ until  10  o'clock  to-morrow.  Motion  sus 
tained,  and  Convention  adjourned. 


SECOND 


FRIDAY,  October  11,  1861. 


Met  at  10  A.  M.,  Mr.  President  WILSON  in 
the  chair. 

The  roll  was  called  and  a  quorum  of  mem- 
bers found  to  be  present,  as  follows  : 

Messrs.  Allen,  Birch,  Breckinridge,  Broad- 
head,  Bridge,  Bush,  Douglass,  Eitzen,  Gantt, 
Gravelly,  Hall  of  Buchanan,  Hall  of  Randolph, 
Henderson,  Hendricks,  Hitchcock,  Holmes, 
How,  Howell,  Hudgins,  Irwin,  Jackson,  Jami- 
son, Johnson,  Leeper,  Linton,  Long,  Marvin, 
Maupin,  MeCormack,  McDowell,  McFerran, 
Mejrer,  Orr,  Phillips,  Pipkin,  Pomeroy,  Row- 
land, Sayer,  Shackelford  of  St.  Louis,  Smith  of 
Linn,  Smith  of  St.  Louis,  Stewart,  Tindall, 
Turner,  Welch,  Woolfolk,  Wright,  Vanbuskirk, 
Zimmerman,  and  Mr.  President. 

The  journal  of  yesterday  was  read,  also  the 
proclamation  of  the  Governor  calling  the  Con- 
vention together. 

The  following  message  from  the  Governor 
was  also  read : 
"  To  the  Convention  of  the  State  of  Missouri. 

"In  the  exercise  of  the  power  which  you 
have  conferred  upon  me,  I  have  called  the  body 
to  assemble  at  this  time,  to  consider  and  adopt 
such  measures  as  the  welfare  of  the  State  may 
require. 

"Although  there  is  no  constitutional  require- 
ment that  I  should  communicate  to  you  my 
views  of  the  condition  of  the  State,  or  recom- 
me'nd  any  measures  for  your  adoption,  yet 
there  seems  to  be  a  propriety  in  my  stating  the 
reasons  for  calling  you  together  at  this  time. 

"  You  need  not  be  informed  by  me,  that, 
throughout  the  length  and  breadth  of  the  State, 
there  is  now  existing  a  civil  war  that  threatens 
the  destruction  of  all  government,  and  strikes 
at  the  very  foundations  of  society.  You  are  ac- 
quainted already  with  the  situation  of  affairs  in 
our  State. 

"  The  obligations  which  rest  upon  the  Chief 
Executive  to  preserve  order  and  peace  in  the 
community,  to  enforce  the  laws,  and  to  sup- 
press by  force  all  combinations  against  the 
State,  require  that  more  efficient  measures  for 
the  organization  of  the  military  power  of  the 
State  should  be  adopted  than  now  exist.  The 


act  of  1859,  which  you  revived  at  your  last  ses- 
sion and  made  the  law  for  the  organization  of 
volunteer  forces,  is  found,  upon  trial,  to  be  a 
most  inefficient  law  in  the  present  times,  which 
require  promptitude  and  energy. 

"  It  is  therefore  assigned,  as  one  of  the  prin- 
cipal reasons  for  calling  the  Convention,  that 
you  should  adopt  a  Military  Law  more  simple 
and  more  efficient  than  that  now  existing. 

"  You  are  aware  further,  that  the  Treasury 
of  the  State  is  empt}*.  The  Treasurer  reported, 
to  me  on  the  24th  of  September  last  that  there 
was  in  the  Treasury  $21,422.73,  which  was 
subject  to  a  deduction  for  coupons  paid  by  the 
Bank  of  the  State  on  the  old  debt,  the  amount 
of  which  coupons  he  had  not  ascertained.  The 
whole  of  the  sum  thus  reported  in  the  Treasu- 
ry is,  in  all  probability,  already  absorbed  by 
the  payment  of  the  salaries  of  civil  officers.  At 
this  time  the  sheriffs  in  very  many  of  the  coun- 
ties are  resigning  their  offices  in  order  to  avoid 
the  duty  of  collecting  the  taxes,  which  is  sup- 
posed to  be  impracticable. 

"  Under  these  circumstances,  it  is  apparently 
impossible  to  provide  means  by  existing  laws 
for  the  payment  of  the  ordinary  expenses  of 
the  government,  and  it  is  manifestly  impossi- 
ble to  provide,  by  any  system  of  taxation,  for 
the  extraordinary  expenses  of  a  military  force. 

"  That  you  might  devise  some  scheme  for 
raising  the  money  which  is  indispensably  ne- 
cessary to  support  troops,  and  to  defray  ordi- 
nary expenses,  was  another  reason  for  calling 
you  together. 

"  Beyond  these  two  reasons  for  the  call,  it  is 
believed  by  many,  and  the  opinion  has  been  ex- 
pressed to  me,  that  the  election  for  State  offi- 
cers, ordered  at  your  last  session,  to  take  place 
on  the  first  Monday  of  November  next,  cannot 
be  held,  so  as  to  obtain  a  fair  expression  of  the 
public  will.  In.  the  disturbed  condition  of  the 
State,  with  many  citizens  absent  from  the  State, 
with  excitement  existing  throughout  our  whole 
limits,  so  that  in  some  districts  citizens  enter- 
taining one  set  of  opinions  would  not  be  per- 
mitted to  vote,  while  in  other  sections  those 
holding  opposite  opinions  would  be  denied  the 


right  of  suffrage  ;  it  is  obviously  impossible  to 
have  a  fair  vote  taken. 

"  As  I  concur  in  the  opinion  thus  expressed, 
this  question  of  postponing  the  election  is  sub- 
mitted to  your  consideration  without  any 
reasoning  on  my  part  in  favor  of  the  postpone- 
ment. 

"  IMs  proper  for  me,  v/hile  calling  your  at- 
tention to  this  subject  of  the  election,  to  remind 
you  that  when  I  was  chosen  to  fill  my  present 
position  of  Provisional  Governor,  I  was  chosen 
to  exercise  the  executive  functions  until  the 
first  Monday  of  November ;  yet  as  the  words 
of  the  ordinance  are,  'and  until  his  successor 
ghall  be  duly  elected  and  qualified/  the  effect 
of  a  postponement  of  the  election  will  be  to 
continue  me  in  office  for  a  longer  period  than 
was  contemplated  by  the  Convention  when  I 
was  chosen,  or  by  me  when  I  accepted  the  of- 
fice. It  is  proper,  therefore,  that  you  should 
at  this  time  select  a  person  to  discharge  the 
executive  duties  during  the  prolonged  period 
that  will  elapse  before  an  election  can  be  held. 
In  making  such  selection,  you  will  remember 
that  you  have  the  whole  State  from  which  to 
make  the  choice,  without  confining  yourselves 
to  the  members  of  the  Convention.  It  is  not 
necessary  that  I  remind  you,  that  the  only  ba- 
sis of  a  safe  choice  is  the  good  of  the  people, 
without  regard  to  personal  predilections  or  par- 
ty relations.  The  motto  on  our  State  arms, 
'  Salus  populi  supremo,  lex  esto,'  furnishes  a  safe 
guide  in  all  our  public  action. 

"  There  are  other  matters  upon  which  there 
is  a  desire  among  the  people  that  you  should 
act,  but  which,  as  they  have  no  connection  with 
the  duties  of  the  office  I  hold,  and  as  they  par- 
take of  the  character  of  ordinary  legislation,  I 
forbear  to  mention  in  this  communication. 
"  H.  R.  GAMBLE." 

Mr.  BIRCH  moved  that  the  Governor's  mes- 
sage be  laid  on  the  table,  and  10,000  copies 
printed. 

Mr.  BROADHEAD  moved  to  substitute  200 
copies  for  10,000. 

Mr.  BROADHEAD'S  motion  was  sustained. 

By  Mr.  BIRCH, 

Resolved,  That  Henry  C.  Wamouth  be  ap- 
pointed doorkeeper  of  the  Convention. 

Mr.  BIRCH  said  Mr.  Wamouth  had  been 
driven  from  his  home  in  consequence  of  the 
present  troubles ;  that  he  came  here  well  en- 
dorsed, and  he  thought  it  perfectly  proper  to 
offer  his  name  to  the  Convention. 

Mr.  BRECKINRIDGE  offered   the  following, 


and  asked  that  it  might  be  incorporated  in  Mr. 
Birch's  resolution  : 

Resolved,  That  Joshua  H.  Alexander  be  ap^ 
pointed  assistant  sergeant-at-arms. 

Mr.  BIRCH  preferred  to  have  each  resolution 
offered  separately. 

Mr.  WELCH  asked  whether  or  not  the  offices 
were  not  already  filled,  and  if  so,  would  it  not 
be  better  to  first  declare  them  vacant?  His  im- 
pression was  that  Mr.  Grover,  of  his  county, 
was  still  sergeant-at-arms,  and  that  Mr.  Ander- 
son of  Moniteau  county,  was  doorkeeper. 

Mr.  BIRCH  supposed  it  was  known  by  every 
member  of  the  Convention  that  Anderson  was 
in  the  Southern  army.  His  resolution  did  not 
propose  to  declare  the  office  of  doorkeeper  va- 
cant, as  that  would  involve  the  necessity  of  in- 
quiring where  Mr.  Anderson  was  ;  but  merely 
provided  that  the  office  be  filled  for  the  present. 

The  resolution  was  adopted. 

Mr.  BRECKINRIDGE  then  renewed  his  reso- 
lution, remarking,  in  answer  to  the  suggestion 
of  Mr..  Welch,  that  he  was  aware  Mr.  Grover 
was  already  sergeant-at-arms ;  he  should  take 
no  steps  toward  his  removal,  and  only  regret- 
ted that,  while  serving  his  country,  he  (Gro- 
ver) had  been  placed  in  a  position  which  made 
it  impossible  to  be  present.  Capt.  Cozzens  was 
their  assistant  sergeant-at-arms,  but  their  ex- 
perience last  spring  was  that  this  hall  was  so 
large  as  to  require  the  assistance  of  several  per- 
sons to  keep  order.  Besides  that,  it  was  ne- 
cessary that  some  of  these  persons  should  be 
familiar  with  the  people  of  the  city,  and  Mr. 
Alexander  was  well  qualified  in  this  respect. 

The  resolution  to  appoint  Mr.  Alexander 
was  adopted. 

Messrs.  Wamouth  and  Alexander  then  came 
forward  and  had  the  oath  of  office  administer- 
ed to  them  by  Judge  Breckinridge. 

By  Mr.  TIN  BALL, 

Resolved,  That  the  Governor's  message  be 
referred  to  the  Committee  of  Eight  appointed 
last  session,  with  instructions  to  report  such 
measures  for  the  action  of  the  Convention  as 
they  may  think  proper. 

Mr.  McFERRAN  offered  the  following  as  a 
substitute : 

Resolved,  That  the  following  committees  be 
appointed,  each  to  consist  of  seven  members, 
viz :  On  Military,  on  Ways  and  Means,  on 
Civil  Officers,  on  Elections,  and  on  Revenue. 

Mr.  McFerran  said  the  resolution  offered  by 
his  friend  from  Grundy  (Mr.  Tindall)  imposed 
all  the  labor  of  the  Convention  upon  one  com- 
mittee, while  the  substitute  which  he  had  offer- 


ed  referred  the  different  subjects  to  be  acted 
upon  to  different  committees.  If  the  members 
of  the  Convention  did  their  duty,  they  had  a 
great  amount  of  labor  to  perform,  and  he 
thought  the  business  would  be  more  expedi- 
tiously  transacted  by  dividing  it  up  and  refer- 
ring it  to  the  consideration  of  different  com- 
mittees. 

He  thought  every  committee  referred  to  in 
the  substitute  entirely  necessary.  They  want- 
ed a  Committee  on  the  Militia,  whose  duty  it 
shall  be  to  prepare  an  efficient  military  bill  : 
this  would  be  a  considerable  task,  and  one  re- 
quiring much  time  and  labor.  They  wanted  a 
Committee  on  Civil  Officers,  as  the  civil  affairs 
of  the  State  needed  supervision  or  revision  in 
some  way  or  other.  They  wanted  a  Commit- 
tee on  Ways  and  Means,  to  provide  ways  and 
means  to  carry  on  the  Government ;  and  they 
also  required  a  Committee  on  the  Revenue. 
He  hoped  all  these  committees  would  be  ap- 
pointed, as  he  thought  them  necessary.  The 
State  was  in  great  need  of  their  services,  and 
the  mbre  efficiently  and  expeditiously  the  work 
was  done  the  better  it  would  be  for  all. 

Mr.  GANTT  wished  to  be  informed  in  refer- 
ence to  the  Committee  on  Elections ;  whether 
or  not  it  was  contemplated  that  this  committee 
should  report  upon  the  election  of  each  mem- 
ber of  the  Convention.  If  so,  there  could  be 
no  difficulty  in  the  premises,  and  it  occurred 
to  him  that  the  subject  would  not  require  a 
separate  committee. 

Mr.  MCFERRAN  replied  that  the  object  had 
in  view  by  the  appointment  of  the  committee, 
was  in  reference  to  the  election  laws  of  the 
State.  He  thought  that,  under  the  circumstan- 
ces now  surrounding  us,  our  election  laws  were 
insufficient. 

Mr.  GANTT  was  glad  he  asked  for  informa- 
tion, as  the  object  of  the  committee  was  cer- 
tainly not  comprehended  in  its  title.  Could 
not  the  subject  of  elections  just  as  well  be  com- 
mitted to  the  Committee  on  Civil  Officers  ? 
«  Mr.  MCFERRAN  replied  that  was  an  altogeth- 
er different  thing. 

Mr.  GANTT  said  there  was  one  modification 
which  could  be  made,  and  which  would  be 
highly  desirable  :  that  was  to  have  the  commit- 
tees composed  of  five  instead  of  seven  mem- 
bers. He  felt  satisfied  that  a  less  number 
would  be  preferable  and  conduce  quite  as  much 
to  the  dispatch  of  business. 

Mr.  MCFERRAN  would  accept  the  sugges- 
tion. 


The  resolution  as  amended  was  then  adop- 
ted. 

The  PRESIDENT  announced  he  would  ap- 
point the  committees  during  the  afternooon 
session. 

By  Mr.  BRECKINRIDGE  : 

Resolved,  That  the  Rev.  Joseph  J.  Porter  of 
St.  Louis  be  requested  to  act  as  Chaplain  dur- 
ing the  present  session  of  the  Convention. 

Mr.  BRECKINRIDGE  said  he  was  informed 
that  Mr.  Monroe,  the  regularly  elected  Chap- 
lain, was  not  in  the  city,  and  probably  would 
not  be.  He  (Mr.  B.)  knew  nothing  himself  of 
his  whereabouts  or  the  probability  of  his  being 
here,  but  he  thought  it  was  necessary  that  they 
should  have  a  Chaplain.  It  was  thought  ne- 
cessary at  the  beginning  of  the  ConVention  ; 
and  if  it  was  necessary  then,  it  was  eminently 
more  so  now.  Mr.  Porter  was  the  pastor  of 
one  of  the  churches  in  this  city,  and,  although 
this  resolution  was  offered  without  his  consent, 
he  presumed  Mr.  Porter  would,  at  the  request 
of  the  Convention,  act  as  its  Chaplain. 

Mr.  GANTT.  Was  it  not  upon  the  gentle- 
man's motion  that  Mr.  Monroe  was  originally 
appointed  ? 

Mr.  BRECKINRIDGE.    No,  sir. 

Mr.  WRIGHT.  What  has  become  of  our  old 
Chaplain  ? 

Mr.  BRECKINRIDGE  said  he  had  already  in- 
formed the  Convention  in  this  respect  so  far  as 
his  knowledge  extended. 

Mr.  WRIGHT.     I  cannot  hear  a  word. 

Mr.  BRECKINRIDGE  said  he  had  forgotten 
the  hall  was  so  large  and  that  it  was  so  difficult 
to  hear  distinctly,  and  then  repeated  more  dis- 
tinctly his  previous  statement  in  reference  to 
Mr.  Monroe. 

After  consultation,  Mr.  BRECKINRIDGE  sub* 
sequ£ntly  said  he  would  withdraw  the  resolu- 
tion and  offer  it  in  another  form  this  evening, 
for  the  reason  that  there  were  several  gentle- 
men who  might  be  invited  instead  of  one. 

On  motion  of  Mr.  HALL  of  Buchanan,  the 
Convention  adjourned  to  3  P.  M. 

AFTERNOON   SESSION. 

Met  at  3  P.  M. 

The  President  announced  the  following  com- 
mittees, in  accordance  with  the  resolution 
offered  by  Mr.  McFerran  : 

Militia— Messrs.  Tindall,  Gantt,  Sayre,  Hen- 
derson, and  Hitchcock. 

Ways  and  Means — Messrs.  How,  Birch,  How- 
ell,  Hall  of  Randolph,  and  Douglass. 


Civil  Officers — Messrs.  McFerran,  Phillips, 
Wright,  Orr,  and  Broadhead. 

Elections — Messrs.  Hendricks,  Marvin,  Breck- 
inridge,  Hudgins,  and  Turner. 

Revenue — Messrs.  Hall  of  Buchanan,  McCor- 
niack,  Gravelly,  Rowland,  and  Woolfolk. 

By  Mr.  LONG  : 

Ih-solved,  That  the  Committee  on  Ways  and 
Means  prepare  and  report  an  ordinance  for  the 
following  objects  : 

1.  A  suspension  of  all  sales  of  real  estate 
under  execution  until  otherwise  ordered  by 
the  Convention. 

2.  A  suspension  of  all  Courts,  except  for  the 
transaction  of  criminal  and  county  business, 
until  otherwise  directed  by  the  Convention. 

3.  Authorizing  the  redemption  of  real  estate 
sold  under  deeds  of  trust  within  two  years 
after  the  sale  thereof. 

Mr.  HOWBLL  moved  that  the  resolution  be 
referred  to  the  Committee  on  Ways  and  Means. 

Motion  sustained. 

Mr.  WELCH  offered  a  resolution,  providing 
that  the  Auditor  of  the  State  be  directed  not 
to  audit  or  allow,  and  that  the  Treasurer  of 
the  State  be  directed  not  to  pay,  from  and 
after  the  passage  of  this  resolution,  the  salaries 
allowed  by  the  existing  laws  of  the  State  to 
the  following  officers,  viz  : 

The  Board  of  Public  Works ;  the  Superin- 
tendent of  Common  Schools ;  the  State  Com- 
missioners ;  officers  of  the  State  Lunatic  Asy- 
lum ;  the  officers  of  the  Deaf  and  Dumb  Asy- 
lum ;  Judges  of  the  Circuit  Courts,  and  the 
Circuit  Attorneys,  except  that  for  St.  Louis 
county.  Also,  that  the  suspension  of  the  pay- 
ment of  the  salaries  provided  for  in  the  fore- 
going resolution  shall  continue  until  the  Pro- 
visional Governor  or  his  successor  shall  other- 
wise order. 

Referred  to  the  Committee  on  Ways  and 
Means. 

Mr.  MCDOWELL  offered  a  resolution  that  the 
Committee  on  Elections  report  an  ordinance 
postponing  the  election  for  State  officers  until 
the  first  Monday  in  August,  1862.  Referred 
to  the  Committee  on  Ways  and  Means. 

Mr.  STEWART  offered  a  resolution  that  the 
Committee  on  Elections  report  a  bill  requiring 
all  voters  in  the  State  to  take  an  oath  to  sup- 
port the  Constitution  of  the  United  States  and 
the  State  of  Missouri.  Referred. 

Mr.  HITCHCOCK  offered  the  following  reso- 
lution : 

Resolved,  That  the  Committee  on  Ways  and 
Means  be  instructed  to  consider  the  expediency 


of  the  action  of  the  Convention  for  the  pur- 
pose of  confiscating  the  , property  of  persons, 
citizens  or  residents  of  this  State,  who  shall, 
after  the  expiration  of  a  reasonable  time,  be 
found  employed  in  aiding  or  abetting  the  re- 
bellion now  on  foot  within  its  borders,  and  for 
the  application  of  the  property  so  confiscated — 
first,  to  the  reimbursement  of  loyal  citizens  of 
the  State  for  the  losses  they  have  sustained  in 
support  of  the  Government ;  and,  second,  to 
the  uses  of  the  State ;  and  that  they  report  by 
ordinance  or  otherwise. 

Mr.  HOWELL.  I  move  that  the  resolution  be 
rejected  right  here. 

Mr.  WRIGHT.  I  second  the  motion. 

Mr.  BRECKINRIDGE.  It  occurs  to  me  that 
this  is  rather  a  singular  course  to  take  in  re- 
gard to  a  resolution  of  instruction.  If  the  gen- 
tleman wishes  a  test  vote,  I  take  it  the  Con- 
vention will  oblige  him  ;  but  this  being  a  reso" 
lution  of  instruction,  I  am  of  the  opinion  that, 
in  accordrnce  with  parliamentary  usage,  it 
should  go  before  the  committtee  for  their  con- 
sideration. 

Mr.  HITCHCOCK  said  he  supposed  it  was 
hardly  worth  while  to  say  anything  in  support 
of  a  simple  suggestion  which  would  go  before 
the  committee  for  their  consideration. 

Mr.  HOWELL.  I  do  not  desire  to  be  instructed 
to  consider  such  a  resolution ;  I  therefore,  as 
a  member  of  the  committee  to  whom  it  is 
proposed  to  refer  the  resolution,  move  its  re- 
jection, and  on  that  motion  I  call  the  ayes  and 
noes. 

Mr.  BIRCH.  Called  suddenly  as  I  am  to 
vote  upon  this  resolution,  I  desire  to  assign 
the  reasons  why  I  shall  vote  against  it.  Firstly, 
I  do  not  think  it  is  proper  for  the  Committee 
on  Ways  and  Means  to  consider  this  a  source 
from  which  to  raise  money ;  and  secondly,  I 
trust  we  have  not  reached  the  time  when  the 
action  contemplated  by  the  resolution  is  neces- 
sary. I  make  no  apology  for  those  who  have 
devastated  the  State,  and  who  yet  threaten  it; 
but  I  would  avoid,  even  yet,  if  I  could,  so  ex- 
treme a  resort  as  that  provided  by  the  resolu- 
tion. I  shall,  therefore,  sir,  vote  against  the 
resolution,  knowing,  at  the  same  time,  that 
there  are  those  who  are  entitled  to  no  mercy — 
some,  sir,  from  my  own  county,  who  have 
threatened  to  come  back  with  fire  and  sword, 
and  lay  waste  my  own  and  my  neighbor's 
dwellings.  While  I  crave  no  mercy  from 
them,  I  am  not  ready  to  resort  to  any  extreme 
measures  against  them  —  preferring  to  meet 


8 


them  "boldly  and  fearlessly,  and  with  the  strong 
arm  of  justice  on  our  side. 

The  vote  was  then  taken,  and  Mr.  Howell's 
motion  to  reject  lost — ayes  21,  noes  28,  as  fol- 
lows : 

AYES — Messrs.  Allen,  Birch,  Bridge,  Hall 
of  Randolph,  Howell,  Hudgins,  Jamison,  Long, 
Marvin,  McFerran,  Phillips,  Pipkin,  Pomeroy, 
Rowland,  Sayre,  Shackelford  of  St.  Louis, 
Woolfolk,  Wright,  Vanbuskirk,  Zimmerman, 
and  Mr.  President— 21. 

NAYS —  Messrs.  Breckinridge,  Broadhead, 
Bush,  Douglass,  Eitzen,  Gantt,  Gravelly,  Hall 
of  Buchanan,  Henderson,  Hendricks,  Hitch- 
cock, Holmes,  How,  Irwin,  Isbell,  Jackson, 
Johnson,  Leeper,  Linton,  Maupin,  McDowell, 
Meyer,  Orr,  Smith  of  Linn,  Smith  of  St.  Louis, 
Stewart,  Tindall,  Turner— 28. 

The  resolution  was  then  referred  to  the 
Committee  on  Ways  and  Means. 

Mr.  HOWELL.  I  desire,  now,  to  resign  as  a 
member  of  the  Committee  of  Ways  and  Means. 
I  do  not  desire,  as  a  member  of  that  commit- 
tee, to  be  required  to  consider  a  proposition  of 
that  kind  at  this  juncture  of  our  affairs. 

Mr.  PRESIDENT  said  if  there  was  no  objec- 
tion the  gentleman  would  be  excused  from 
serving  on  the  committee. 

No  objection  being  made,  he  was  excused, 
and  Mr.  Irwin  appointed  in  his  stead. 

Mr.  BRECKINRIDGE  offered  the  following  : 

Resolved,  That  the  clergymen  of  this  city 
who  are  loyal  to  the  Government  of  the  United 
States  be  requested  to  attend  the  meetings  of 
this  Convention  each  day,  and  open  the  same 
with  prayer. 

Mr.  SAYRE.  How  are  we  to  ascertain,  Mr. 
President,  whether  these  clergymen  are  loyal 
or  not  ? 

The  PRESIDENT.  I  will  refer  you  to  the 
gentleman  who  offered  the  resolution. 

Mr  BRECKINRIDGE.  I  do  not  propose,  Mr. 
President,  to  apply  any  test  to  ascertain  their 
loyalty,  but  I  take  it  for  granted  that  no  minis- 
ter, or  gentleman,  will  come  here  unless  he  is 
loyal. 

Mr.  WELCH.  I  will  suggest  that  the  resolu- 
tion requires  all  the  clergymen  to  appear  at 
once,  and  pray  for  us. 

Mr.  BRECKINRIDGE.  I  think  not,  sir.  That 
is  not  my  design. 

Mr.  WRIGHT.  I  think  the  resolution  is  per- 
fectly proper;  because,  in  my  opinion,  the 
Convention  is  almost  past  praying  for,  and  it 
is  rather  necessary  to  have  a  large  number  to 
pray. 


The  resolution  was  then  adopted. 

Mr.  STEWART  offered  the  following  : 

Resolved,  That  the  Committee  on  Militia  be 
instructed  to  memoralize  the  War  Department 
to  establish  a  guerrilla  warfare,  for  the  purpose 
of  driving  all  armed  traitors  out  of  the  State. 

Mr.  WRIGHT.    I  call  for  the  ayes  and  noes. 

Mr.  STEWART.  Before  the  vote  is  taken,  I 
wish  briefly  to  state  my  reasons  for  offering 
the  resolution.  I  do  not  think  there  is  any- 
thing very  improper  in  it ;  or  anything  that 
need  excite  either  the  mirth  or  the  disgust  of 
any  member  of  this  Convention.  I  believe  in 
the  present  crisis  a  warfare  of  this  kind  is 
absolutely  necessary.  I  believe  it  is  well  known 
by  every  member  of  this  Convention  that  there 
are  armed  traitors  in  the  State  who  are  carry- 
ing on  a  guerrilla  warfare,  whose  object  it  is  to 
plunder  and  devastate  the  country  ;  and  I  be- 
lieve it  is  necessary,  in  consequence  of  our  ex- 
tended territory — in  consequence  of  the  great 
amount  of  brush  and  prairie  where  these  rebels 
can  hide,  that  we  have  a  similar  band  to  meet 
them  at  their  own  game.  This  plan  has  been 
suggested  by  others,  and  I  believe  it  would 
prove  the  most  efficient  mode  of  putting  a  stop 
to  these  rebel  outrages.  I  do  not  offer  this 
resolution  for  the  purpose  of  touching  any 
man  who  has  heretofore  been  accused  of  being 
a  traitor,  but  I  do  offer  it  because  I  believe  it 
is  necessary  for  us '  to  have  a  similar  kind  ol 
warfare  to  that  against  which  we  have  to  con- 
tend. 

Mr.  WRIGHT.  I  oppose  this  resolution,  Mr. 
President,  on  the  ground  that  the  guerrilla  war- 
fare was  instituted  by  the  Home  Guards,  and 
I  do  not  think  it  necessary  to  memoralize  Con- 
gress on  the  subject  at  all.  It  would  be  idle  to 
ask  for  a  thing  which  we  ourselves  initiated. 

Mr.  SAYRE  said  he  understood  the  resolu- 
tion to  call  upon  the  General  Government  to 
expel  all  Secessionists  in  arms,  and  institute  a 
guerrilla  warfare  for  that  purpose.  In  his  part 
of  the  country,  they  had  some  idea  of  what 
guerrillas  are.  They  had  some  little  experience 
in  this  respect,  and  it  had  been  of  such  a  cha- 
racter as  not  to  commend  itself  to  general  use. 
Now,  we  were  to  be  called  upon  by  the  terms 
of  this  resolution  to  invest  irresponsible  bands 
of  men  with  very  great  authority — with  power 
of  deciding  who  are  the  Secessionists  in  arms- 
So  far  as  his  observation  of  these  guerrilla  par- 
ties in  his  section  of  the  country  had  extended, 
he  did  not  think  that  the  people  who  have 
been  using  this  power  were  the  proper  persons 
to  be  entrusted  with  it  again.  They  are  likely 


to  declare  that  all  who  have  property,  and 
plenty  of  means  of  subsistence,  are  Secession- 
ists. They  had  said  so,  and  they  would  be 
likely  to  do  it  again.  It  was  only  calling  upon 
the  people  to  make  themselves  rich  by  a  le- 
galized system  of  jayhawking.  He  did  not 
think  that  the  Convention  would  recommend 
such  a  system. .  It  seemed  to  him  they  should 
scorn  it  and  spurn  it  from  among  them. 

Mr.  STEWART  said  there  seemed  to  be  two 
words  in  his  resolution  particularly  offensive. 
One  was  the  word  guerrilla.  The  object  of  Ihe 
resolution  was  to  call  upon  the  Congress  of  the 
United  States,  or  some  other  Department,  to 
establish  some  means  by  which  we  could  repel 
the  invaders  of  the  State.  He  was  not  particu- 
lar about  the  use  of  the  word  guerilla,  and  he 
was  willing  to  strike  it  out.  The  other  word 
to  which  objection  was  made  was  the  word 
secessionist.  This  word  was  not  used  in  the 
resolution  at  all.  The  term  "  armed  traitors" 
was  used  ;  and  if  the  gentleman  who  happened 
to  have  secession  proclivities  considered  that 
armed  traitors  meant  secessionists,  he  was  mis- 
taken. 

Mr.  HITCHCOCK  said  it  occurred  to  him  that 
the  discussion  was  out  of  place.  If  he  under- 
stood the  resolution,  it  called  the  attention  of 
the  War  Department  to  a  particular  mode  of 
carrying  on  the  war,  most  likely  to  be  effective. 
He  believed  that  this  would  more  properly  be 
a  subject  for  the  consideration  of  a  military 
council,  composed  of  commissioned  officers. 
It  was  not  necessary  for  them  to  meddle  in  the 
matter.  He  moved  to  lay  the  subject  on  the 
table. 

Mr.  WRIGHT.  I  suggest  that  this  resolution 
goes  farther  than  the  mover  intends.  Who 
are  armed  traitors  ? 

Mr.  HITCHCOCK.  I  call  the  gentleman  to 
order.  A  motion  to  lay  on  the  table  is  not  de- 
batable. 

Mr.  STEWART.    I  withdraw  the  resolution. 

Mr.  PHILLIPS  offered  the  following : 

Resolved,  That  all  resolutions  hereafter  intro- 
duced be  referred  to  an  appropriate  committee 
without  debate. 

Mr.  BIRCH  hoped  the  resolution  would  not 
be  adopted.  He  had  a  substitute  which  he  de- 
sired to  offer,  and  which  he  considered  it 
would  be  proper  to  discuss.  He  would  read  it 
for  information : 

Resolved,  That  the  present  and  prospective 
condition  of  the  country  demands  the  postpone- 
ment of  our  pending  elections,  the  reduction  of 
all  official  salaries,  the  postponement  of  co- 


ercive measures  for  the  collection  of  debts  and 
taxes;  that  the  sword  of  the  State  be  strength- 
ened through  the  credit  of  the  State,  and  that 
the  fidelity  of  its  officers  be  secured  by  the 
most  unquestionable  guarantees. 

Mr.  WRIGHT.  I  arise  to  a  question  of  order. 
I  understand  the  question  before  us  is  to  lay  a 
resolution  on  the  table. 

Mr.  PRESIDENT.  The  resolution  has  been 
withdrawn. 

Mr.  GRAVELLY  said  his  understanding  of 
bodies  of  this  character  was  to  refer  resolutions 
to  committees,  when  offered ;  and  he  took  this 
opportunity  to  remark  that,  in  casting  his  vote 
to  refer  the- resolution  in  regard  to  the  confis- 
cation of  property,  he  did  not  cast  his  vote 
with  the  intention  of  voting  for  such  a  propo- 
sition when  it  came  before  the  Convention. 
He  might  or  might  not  vote  for  it ;  but  it  was 
his  understanding  that  when  a  resolution  was 
offered  it  is  customary  to  refer  it  to  a  commit- 
tee, although  the  members  voting  to  refer  it 
may  vote  against  the  proposition  when  it 
comes  before  the  Convention  for  action. 

Mr.  HUDGINS  said  that  if  it  was  the  object 
of  this  body  to  prevent  discussion — and  he 
would  not  presume  for  a  moment  that  it  was — 
they  could  just  say  so  at  once  by  the  adoption 
of  this  resolution,  and  declare  that  there  shall 
be  no  discussion  on  a  proposition  before  it 
goes  to  the  committee,  or  afterwards.  It  is 
more  important  that  a  proposition  should  be 
discussed  before  it  is  referred.  ,  When  it  is 
referred,  it  has  the  endorsement  of  the  body. 
He  was  inclined  to  think  they  would  not  save 
time  by  the  adoption  of  any  such  resolution. 
If  it  was  not  the  intention  to  prevent  discus- 
sion, the  ordinary  rules  of  the  body  should  not 
be  departed  from. 

Mr.  WELCH  said  for  one  he  must  he  permit- 
ted to  enter  his  protest  against  the  adoption  of 
a  resolution  of  this  character.  We  are  now, 
sir,  in  the  midst  of  the  most  important  crisis 
which  this  country  has  ever  witnessed.  Issues 
of  the  utmost  importance  are  before  us,  in- 
volving life,  property,  liberty,  and  peace— all 
are  at  stake.  Yet  it  is  proposed  by  the  gentle- 
man from  Pettis,  (Mr.  Phillips,)  that  all  pro- 
positions having  reference  to  these  questions 
shall  be  referred,  under  that  "gag"  resolution, 
to  committees  appointed  by  this  House,  with- 
out debate ;  and  after  they  come  back  I  pre- 
sume a  similar  resolution  will  be  adopted  that 
they  shall  be  passed  without  debate.  Now,  I 
have  always  opposed  this  infernal  system  of 
gagging ;  I  denounce  it  as  an  iniquitous  pro- 


10 


ceeding.  If  I  understand  the  rules  of  this  body 
now  existing,  whenever  a  gentleman  intro- 
duces a  resolution  he  has  a  right  to  debate  it ; 
and  every  other  gentleman  has  the  same'  right. 
Does  the  gentleman  propose  to  repeal  that 
standing  rule  ? 

Mr.  PHILLIPS.  It  occurs  to  me,  sir,  that 
the  gentleman  is  laboring  under  a  great  mis- 
apprehension as  to  the  object  and  purport  of  that 
resolution.  It  is  not  at  all  the  object  of  that 
resolution,  nor  does  it  necessarily  follow  if  it 
be  adopted,  that  all  debate  will  be  cut  off,  or 
that  there  will  be  any  gag  law  introduced. 
This  Convention,  last  spring,  here  and  at  Jef- 
ferson City,  introduced  and  acted  upon  a  simi- 
lar resolution.  The  resolutions  introduced 
were  referred  to  the  appropriate  committees, 
and  when  they  were  reported  upon,  then  any 
gentleman  who  felt  so  disposed  could  discuss 
the  subject  matter  contained  in  the  report  of 
the  committee.  It  is  for  the  purpose  of  expe- 
diting business,  and  not  to  strangle  debate,  that 
this  resolution  is  introduced. 

Mr.  HUDGINS.  If  this  resolution  is  adopted, 
will  it  not  render  void  two  or  three  standing 
rules  of  the  House  ?  If  this  resolution  is  sus- 
tained, can  a  motion  to  reject,  lay  on  the  table, 
or  postpone,  be  acted  upon  ? 

Mr.  PHILLIPS.  I  think  the  resolution  will 
not  conflict  with  either  of  those  motions  at  all. 

Mr.  HODGINS.  How  can  a  motion  to  reject 
a  resolution  be  entertained  when  your  resolu- 
tion expressly  provides  that  it  shall  be  referred? 

Mr.  PHILLIPS.  That  it  shall  be  referred 
without  discussion. 

Mr.  HUDGINS.  Exactly,  and  of  course  you 
cannot  postpone  it. 

Mr.  BIRCH.  That  is  exactly  what  I  object- 
ed to. 

Mr.  WELCH.  I  arise  to  a  point  of  order. 
The  proposition  is  to  repeal  one  of  the  standing 
rules  of  the  House,  and  must  lie  over  one  day. 

Mr.  BIRCH  said  the  adoption  of  the  resolu- 
tion would  not  economize  time.  He  desired, 
therefore,  to  offer  his  substitute  instead. 

Mr.  WELCH.     I  raise  my  point  of  order. 

The  PRESIDENT.  The  point  of  order  was 
not  raised  in  order,  as  the  gentleman  from 
Clinton  (Mr.  Birch)  had  the  floor  when  you 
rose  to  a  point  of  order. 

The  substitute  of  Mr.  Birch  was  then  again 
read,  and  he  proceeded  to  speak  in  reference 
to  it  as  follows  : 

I  feel,  Mr.  President,  that  those  who  are  en- 
abled to  act  well  and  wisely  the  part  which 
pertains  to  them  in  the  times  upon  which  we 


have  fallen,  may  thankfully  realize  to  them- 
selves the  fulfilment  of  the  promise,  that  they 
have  been  "strengthened  according  to  their 
day."  Such  a  variety  of  opinions  (mature  and 
immature)  seem  to  pervade  the  country — such 
a  degree  of  indecision  and  consequent  hesita- 
tion is  observable  in  the  pulse  and  conduct  of 
many  true  but  feeble  friends  of  the  Union— 
and  so  subtle  upon  the  one  hand,  and  so  auda- 
cious upon  the  other  hand,  has  been  the  line 
of  policy  against  which  we  have  been  called  to 
contend,  that  I  have  found  myself,  almost  to 
the  present  moment,  debating  the  question  to 
my  own  judgment  whether  I  should  speak  or 
remain  silent  during  the  session  of  this  Con- 
vention. The  message  of  the  Governor,  how- 
ever, which  has  been  delivered  to  us  this 
morning,  recalls  us  to  duties  too  imperative  to 
be  overlooked,  and  I  shall  ask  the  indulgence 
of  the  Convention  whilst  addressing  myself 
not  only  to  their  consideration,  but  to  the  ad- 
ditional measures  suggested  in  my  resolution. 

I  would  that  such  a  duty  had  more  appro- 
priately devolved  upon  another ;  but  as  I  stand 
rather  prominently  accredited  for  having  ex- 
erted myself  during  our  last  session  (at  the 
Capitol)  to  bring  about  such  a  modification  of 
the  original  report  of  the  committee  as  would 
permit  the  people  of  the  State  to  pass  upon 
our  action  at  an  earlier  period  than  was  at  first 
proposed,  would  seem  in  rather  an  especial 
manner  to  devolve  upon  me  to  refer  to  my 
misjudged  hopes  in  the  past,  and  to  commit 
myself  thus  early  in  the  session  to  the  most 
vigorous  and  vigilant  measures  for  the  future. 

As  part,  therefore,  of  the  history  (however 
humble)  of  that  mistaken  past,  I  ask  permis- 
sion to  read  from  a  speech  which  I  had  the 
honor  to  deliver  before  the  Convention  on  the 
27th  of  July  last,  such  paragraphs  as  will  serve 
to  denote  our  purposes  and  reliances  then,  but 
of  which  we  have  been  alike  disabused  by  the 
events  which  succeeded  it,  and  which  confront 
us  now.  The  extracts  : 

"  What  I  propose,  then,  is  to  intelligently 
and  fairly  submit  to  the  judgment  and  decision 
of  the  PEOPLE  the  issues  which  have  been 
raised  with  the  Federal  Government  by  the 
State  Government,  and  that  for  our  weal  or 
our  woe  we  all  alike  abide  by  that  decision. 
Let  the  committee,  in  review  of  its  original 
action,  leave  the  judiciary  as  it  is,  but  pre- 
serve especially  so  much  of  their  ordinance 
as  shall  annul  the  military  law,  and  its  adjunct 
money  and  tax  bills ;  and  as  these  are  under- 
stood to  have  been  the  measures  upon  which-the 


11 


executive  and  legislative  departments  of  the 
government  fairly  staked  their  political  exist- 
ence, and  are  now  using  them  in  their  conflict 
with  the  Government  of  the  United  States,  let 
the  ordinance  provide  for  the  early  and  simul- 
taneous election  of  new  incumbents  for  these 
departments,  conditioned,  of  course,  upon  its 
ratification  by  a  majority  of  the  people.  We 
shall  thus  obtain  the  voice  of  the  State;  and  if 
any  man  shall  feel  that  it  is  for  his  pride  too 
deep  a  humiliation,  or  for  his  ambition  too 
great  an  impediment,  to  submit  to  the  deliber- 
ate verdict  of  the  majority,  let  him  at  least  sum- 
mon to  himself  the  grace  and  the  decency  to 
go  somewhere  else,  where  minorities  can  at 
least  more  successfully  tyrannize  than  they 

will  longer  be  permitted  to  do  here. 

******* 

"  For  myself,  if  the  question  be  fairly  and 
fully  submitted,  ("as  I  doubt  not  it  will  be, 
when  the  committee  come  to  consider  and  per- 
fect their  report,^  I  will  not  only  acquiesce  in 
the  judgment  of  a  majority  here,  but  if  the 
majority  of  my  State  are  even  found  against 
me  at  the  election,  I  will  still  acquiesce,  either 
by  acting  with  that  majority  at  home,  or  going 
away  and  leaving  the  contest  to  others.  I  ask 
but  this  of  other  men,  in  my  district  and"  my 
State,  as  the  ground  alone  upon  which  our 
unhappy  complications  can  find  their  solution 
without  the  shedding  of  neighboring,  perhaps 
even  of  kindred  blood !  Who,  I  repeat  the 
inquiry,  will  be  found  so  wickedly  devilish  as 
to  oppose  himself  to  this  ? 
*****  *  * 

"  Surely,  Mr.  President,  were  I  situated  as 
the  present  Executive  is,  I  could  desire  nothing 
more  ardently  than  to  be  permitted  to  thus  join 
in  an  appeal  to  the  people  of  my  State  for  the 
vindication  of  my  measures  and  my  conduct, 
and  be  thus  either  strengthened  and  confirmed 
in  my  position,  as  the  result  of  the  general 
public  judgment,  or  be  relieved  from  it  entirely. 
Does  he  allege  (as,  of  course,  he  does)  that  his 
measures  have  been  taken  in  accordance  with 
his  best  judgment  of  what  was  required  by  the 
interests  and  honor  of  his  State"?  The  verdict 
of  the  people  at  the  ballot-box,  as  between 
himself  and  his  competitor,  will  be  but  the 
judgment  of  his  State,  to  which  (as  well  as 
the  whilom  friend  who  thus  speaks  of  him)  he 
owes  all  he  has  and  is,  and  for  whose  sake  he 
ought  to  be  as  ready  to  lay  down  the  duties  of 
an  office  as  he  has  been  to  assume  them.  Nay, 
more— he  need  not  be  a  candidate  at  all ;  for 
unless  our  ordinance  of  deposition  be  ratified 


by  a  majority  of  the  voters,  he  will  still  be 
Governor ;  and  so  of  all  the  rest." 

Having  reason  to  believe,  Mr.  President, 
that  these  and  kindred  views  and  sentiments, 
concurred  in  and  enforced  by  the  distinguish- 
ed delegates  upon  whom  we  subsequently  de- 
volved the  duties  of  Governor  and  Lieutenant 
Governor,  were  ultimately  rather  acquiesced  in 
than  assented  to  by  the  sterner  judgment  of 
perhaps  a  majority  of  the  Convention,  it  need 
not,  of  course,  be  stated  that  we  would  be  false 
and  unreciprocal  with  respect  to  those  who  so 
deferentially  acted  with-  us  then,  were  we  in 
any  sense  to  fail  them  in  the  alternative  they 
then  predicted,  and  with  which  we  are  con- 
fronted now. 

What  is  that  alternative,  and  who  is  responsi- 
ble for  it  ?  Intending  to  answer  these  questions 
presently,  it  may  be  proper  before  doing  so  to 
place  the  ultimate  action  of  the  Convention 
upon  the  same  ground  in  which  I  have  placed 
my  own ;  and  in  order  to  do  so,  I  will  read 
from  its  published  address  such  paragraphs  as 
may  be  sufficient  for  that  purpose.  After  re- 
citing and  proving  the  treacherous  and  trea- 
sonable conduct  of  the  Governor  and  other 
officers  and  servants  of  the  State,  which  had 
constrained  the  Convention  to  temporarily  de- 
pose them  from  office,  the  address  proceeds 
and  concludes  as  follows  : 

"  These  are  the  measures  adopted  by  your 
delegates  in  Convention  for  the  purpose  of 
restoring  peace  to  our  disturbed  State,  and 
enabling  you  to  select  officers  for  yourselves 
to  declare  and  carry  into  effect  your  views  of 
the  true  policy  of  the  State.  They  are  meas- 
ures which  seem  to  be  imperatively  demanded 
by  the  present  alarming  condition  of  public 
affairs,  and  your  delegates  have  determined  to 
submit  them  to  you  for  your  approval  or  dis- 
approval, that  they  may  have  the  authority  of 
your  sanction  if  you  find  them  to  be  adapted 
to  secure  the  peace  and  welfare  of  the  State. 
*  *  *  #  *  #  # 

"  And  now  having  stated  the  necessity  for 
the  action  of  the  Convention,  and  the  princi- 
ples which  have  governed  its  action,  your  dele- 
gates submit  the  whole  for  your  consideration 
and  calm  judgment.  They  have  felt  their 
own  position  and  that  of  the  State  to  be  pe- 
culiar. They  have  looked  over  Missouri 
and  beheld  the  dangers  that  threaten  her. 
They  desire  to  avert  them.  They  desire  to 
restore  peace  to  all  her  citizens.  They  have 
adopted  the  measures  which,  in  their  judg- 
ment, gave  the  highest  promise  of  peace  and 


12 


security  to  all  her  citizens.  If  the  measures 
adopted  should  have  the  desired  effect,  your 
delegates  will  feel  that  gratification  which 
always  attends  the  success  of  well-intended 
effort.  If  the  measures  should  fail  to  restore 
peace,  your  delegates  will  find  consolation  in 
the  fact,  that  they  have  done  what  they  could." 
And  the  ordinance  of  the  Convention,  for 
submitting  its  action  to  a  vote  of  the  people  of 
the  State,  was  and  is  in  these  direct  and  un- 
ambiguous words  : 

"  Be  it  ordained,  That  at  the  election  provi- 
ded to  be  held  on  the  first  Monday  of  Novem- 
ber, 1861,  for  the  election  of  Governor,  Lieut. 
Governor,  Secretary  of  State,  and  members  of 
the  General  Assembly,  the  several  Clerks  of 
the  County  Courts,  or,  in  case  of  their  neglect 
or  refusal  to  act,  the  clerk  of  election,  in  mak- 
ing the  poll  books  for  the  election,  shall  pro- 
vide two  columns,  one  headed  "  For  the  action 
of  the  Convention,"  and  the  other  "Against 
the  action  of  the  Convention ;"  and  if  a  ma- 
jority of  the  legal  votes  given  upon  the  action 
of  the  Convention  be  for  the  same,  then  the 
officers  elected  shall  hold  their  offices  as  pro- 
vided by  the  ordinance  for  their  election ;  but 
if  a  majority  of  the  votes  cast  as  aforesaid  be 
against  the  action  of  the  Convention,  then  such 
election  shall  be  null  and  void,  and  the  persons 
so  elected  shall  not  enter  upon  the  discharge 
of  the  duties  of  their  offices,  the  officers  chosen 
by  this  Convention  shall  go  out  of  office,  and 
the  ordinance  of  this  Convention  providing  for 
the  abrogation  of  certain  acts  of  the  Legisla- 
ture shall  thereafter  be  of  no  force  or  effect 
whatever.  The  return  of  the  votes  so  cast  on 
the  action  of  the  Convention  shall  be  made  to 
the  office  of  the  Secretary  of  State  in  the  same 
manner  as  is  provided  by  ordinance  of  this 
Convention  in  regard  to  the  offices  of  Gover- 
nor, Lieutenant  Governor,  and  Secretary  of 
State,  and  the  votes  shall  be  cast  up  by  the 
same  officer;  and  when  the  result  thereof  shall 
be  ascertained,  the  Governor  appointed  by  this 
Convention  shall,  by  public  proclamation,  an- 
nounce the  same,  which  proclamation  shall  be 
filed  in  the  office  of  the  Secretary  of  State." 

Certainly,  Mr.  President,  nothing  could  be 
fairer,  more  temperate  or  more  deferential  than 
all  this.  We  did  what  we  could,  and  "our 
skirts  are  clear"  of  what  may  follow.  On  re- 
turning to  my  constituents,  the  speech,  ad- 
dress, and  ordinance,  from  which  I  have  thus 
quoted  were  freely  circulated  amongst  them — 
fifty  thousand  copies  of  the  latter  having  been 
ordered  for  distribution  throughout  the  State. 


How  has  it  been  met,  Mr.  President  ?  What 
has  been  the  response  of  that  party  who,  whilst 
the  bill  for  calling  this  Convention  was  pend- 
ing before  the  Legislature,  conceded  to  us  all 
power,  as  "  the  representatives  of  the  residuary 
sovereignty  of  the  people"  ?  What  has  been 
the  "music"  of  that  same  party  since  it  has 
been  discovered  that  both  the  Convention  and 
the  people  were  inflexibly  against  them,  and 
could  be  neither  seduced  nor  awed  into  their 
purposes,  as  the  Conventions  of  Arkansas  and 
Virginia  were  ?  Most  shamelessly  prominent 
in  this  has  been  the  course  of  their  Governor, 
(as  they  yet  call  Jackson,.)  who,  at  New 
Madrid,  proclaimed  the  State  out  of  the  Union 
a  few  days  after  we  had  deposed  him  from 
office;  and  this,  notwithstanding  he  had  pre- 
viously put  forth,  in  his  flying  proclamation 
from  Jefferson,  that  this  Convention  was  alone 
competent  to  change  the  relations  of  the  State 
to  the  Government  of  the  United  States !  Per- 
haps a  party  with  such  an  acknowledged  "head" 
ought  not  to  be  held  to  too  rigid  an  account  on 
the  score  of  either  political  consistency  or  po- 
litical morality;  but  their  conspiracy  to  pre- 
vent the  people  from  passing  upon  their  con- 
duct at  the  polls,  and  to  wear  them  out  and 
subdue  them  by  the  terrors  of  an  insurgent 
sword,  is  a  crime  too  patent  to  the  most  ordi- 
nary understanding  to  admit  of  either  pallia- 
tion or  excuse. 

As  already  stated,  the  action  of  this  body, 
together  with  the  reasons  which  actuated  us, 
and  the  hopes  that  we  might  thereby  achieve 
at  least  comparative  peace  at  home,  were  scat- 
tered broadcast  over  the  land  some  two  months 
ago.  Amongst  my  own  people,  whilst  I  had 
the  satisfaction  to  learn  that  the  course  of  the 
Convention  met  the  concurrence  of  the  Union 
men,  there  seemed  to  be  from  the  commence- 
ment a  concert  of  purpose  between  the  organs 
and  leaders  of  the  secessionists  to  the  effect 
that  no  attention  should  be  paid  to  our  action, 
except  that  the  election  which  we  had  proposed 
as  the  touchstone  of  acquiescence  in  the  deci- 
sion of  the  majority,  should  at  least  be  deprived 
of  all  moral  significance,  wherever  it  was  al- 
lowed to  be  held  at  all.  Even  the  holding  of  a 
public  meeting  in  my  own  county,  for  the  pur. 
pose  of  bringing  forward  a  Union  candidate 
for  the  Legislature,  was  countervailed  and  op- 
posed by  every  grade  of  clamor  and  denuncia- 
tion ;  and  although  the  measures  of  intimida- 
tion which  were  resorted  to  were  unsuccessful 
in  that  county,  they  have  so  far  proved  efficient 
in  other  quarters,  that  I  hear  of  no  candidates 


13 


even  in  other  sections  of  the  State.  Who  is 
responsible  for  all  this,  Mr.  President?  Not 
the  "Union  men,"  (anywhere,)  for  it  is  noto- 
rious that  they  have  sought  from  the  first — 
ever  since  this  Convention  was  forced  upon 
them  by  the  malcontents  of  the  Legislature — 
the  arbitrament  of  the  ballot  box  instead  of  the 
ultimatum  of  the  cartridge  box;  but  it  has 
been  at  length  denied  to  them  not  o^ily  by  the 
clamor  and  the  opposition  of  secessionists  at 
home,  but  by  a  pronunciamientofrom  the  army, 
as  I  will  proceed  to  read  in  your  hearing. 

Mr.  John  T.  Hughes,  of  my  county,  who 
signs  himself  "Colonel  1st  Infantry,  4th  Divi- 
sion," and  who  I  suppose  to  be  just  as  much  a 
Colonel  as  our  late  President  is  a  General,  or 
Jackson  a  Governor,  addresses  "the  people  of 
Northwest  Missouri,"  through  the  Liberty  Tri- 
bune of  the  13th  ultimo,  from  "Camp  Cedar," 
in  a  communication  of  more  than  two  columns 
in  length,  from  which,  for  the  present,  I  desire 
to  read  only  these  sentences  : 

"  This  army,  and  the  free  people  of  this  part 
of  the  State,  regard  the  new  Government  set 
up  by  the  usurpers  at  Jefferson  as  an  absur- 
dity. Gamble,  and  every  other  man  who  ac- 
cepts office  under  the  '  Provisional  Govern- 
ment,' will  be  held  as  a  traitor  to  this  State, 
and  if  taken,  treated  accordingly.  The  ques- 
tion of  right  is  not  involved ;  every  man  x)f 
common  sense  knows  that  the  Convention  had 
no  right  to  overthrow  the  old  or  to  create  a 
new  Government;  and  they  can  only  sustain 
their  folly  by  physical  force  and  by  arms.  No 
such  elections  as  are  provided  for  will  be  al- 
lowed to  be  held ;  and  the  '  ancient  Govern- 
ment' of  the  State,  and  the  legally  elected 
Executive,  and  the  abrogated  laws,  will  be  all 
restored  !" 

And  in  a  communication  made  through  the 
same  paper  of  the  following  week  he  speaks  as 
follows  : 

"  The  exiled  soldiers  are  now  returning,  and 
this  land  will  be  drenched  in  blood,  and  wid- 
ows and  orphans  be  multiplied,  and  the  wildest 
anarchy  prevail,  if  there  should  be  any  attempt 
to  support  the  Provisional  Government  of  the 
traitor  and  usurper,  H.  R.  Gamble,  by  force  of 
arms.  *  *  *  Let  every  true 

and  patriotic  citizen  who  loves  liberty,  and 
dares  to  maintain  his  rights,  now  rise  and  ex- 
pel the  tyrants,  traitors  and  usurpers  from  our 
midst." 

Forbearing  further  quotations  from  these 
martial  fulminations,  which  abound  with  pro- 
verbial misstatements  and  immodest  self-lauda- 


tions, a  very  brief  analysis  of  the  sentences  I 
have  quoted  will  be  sufficient  to  demonstrate 
that  the  "army"  of  which  Colonel  Hughes  is  a 
leader  has  determined  that  our  unhappy  com- 
plications  shall  not  be  submitted  to  the  judg- 
ment and  decision  of  the  people.  Had  he  writ- 
ten simply  as  a  citizen,  expressing  his  own 
wishes  or  opinions,  it  might  not  have  justified 
the  notice  of  the  complicity  of  the  army  with 
the  conspirators  at  home,  to  prevent  the  election 
which  we  ordered  for  the  first  of  next  month. 
He  addresses  it,  however,  as  from  the  army — 
signs  it  officially,  and  causes  it  to  be  published 
in  our  district  as  an  incentive  to  disorder  and 
to  bloodshed  should  the  people  attempt  to  ex- 
ercise the  great  American  prerogative  of  vo- 
ting their  sentiments  at  a  State  election  !  He 
proclaims  in  the  name  of  that  "army"  that  the 
election  provided  for  by  our  ordinance  of  July 
last  shall  not  be  held  ;  and  in  a  previous  part  of 
the  address,  that  "all  the  material  interests  of  the 
country  shall  be  destroyed  inthe  struggle"  unless  the 
people  of  Missouri  are  delivered  from  what  he 
both  falsely  and  ignorantly  affirms  to  be  the 
tyranny  and  oppression  of  Federal  bayonets — 
meaning  thereby  the  restoration  of  Gov.  Jack- 
son, who  has  been  indicted  for  treason,  and  for 
that  reason  has  proclaimed  the  State  out  of  the 
Union ! 

Such,  Mr.  President,  is,  very  briefly,  the  pro- 
gramme by  which  those  who  trample  upon  the 
flag  and  the  laws  of  the  Union,  as  Col.  Hughes 
and  his  army  are  doing,  propose  to  ignore  also 
the  laws  of  the  State,  and  to  confront  and  over- 
awe its  ballot-box.  So  wholly  unreciprocal 
and  atrocious  is  such  a  purpose,  that  for  one  I 
could  not  believe  it  possible  when  we  were  last 
together  at  the  capitol,  and  hence  acted  the 
part  I  did  then,  which  has  devolved  upon  me 
the  duty  of  acting  the  part  I  am  essaying  now. 
I  might  notice,  in  this  connection,  the  subse- 
quent orders  from  subalterns  in  this  same  "ar- 
my" to  arrest  citizens  of  my  town  and  neigh- 
borhood for  no  other  reason  that  I  am  aware  of 
than  that  they  were  "Union  men" — in  favor  of 
composing  our  complications  by  argument  and 
by  the  verdict  of  the  ballot-box ;  but  I  may, 
perhaps,  more  appropriately  pass  that  rather 
personal  development  with  the  remark  that  it 
was  not  more  ungenerous  and  unreciprocal  to 
thus  attempt  the  arrest  of  my  friends  and  my- 
self, than  it  was  blundering  and  unmilitary  to 
"  cripple  out  of  it,"  as  the  captain  and  his  score 
permitted  themselves  to  do.  The  result  has 
been,  that  Union  companies  and  battalions 
(armed  since  I  reached  this  city,  a  few  days 


14 


ago)  now  patrol,  and  preserve  the  peace,  in 
the  localities  of  the  late  encampments  of  our 
misguided  and  unappreciative  adversaries. 
Enough,  therefore,  on  that  point. 

To  recur,  therefore  :  The  menace  of  the  bal- 
lot-box, repeated  thus  from  the  "army"  of  the 
insurgents — the  Union  men  as  well  as  the  se- 
cessionists in  camps,  or  inarms,  or  driven  from 
the  State — no  alternative  would  seem  to  re- 
main but  to  repeal  the  ordinance  by  which  we 
proposed  to  submit  all  questions  of  difference 
between  us  to  the  arbitrament  of  the  ballot-box, 
and  to  properly  strengthen  the  military  arm  of 
the  State,  which  in  our  forbearance  and  our 
hopes  we  have  already  too  long  neglected.  In 
doing  this,  we  can  all  truly  say,  as  our  constit- 
uents can,  that  we  have  forborne  the  alterna- 
tive of  arms  until  impelled  to  it  as  a  last  resort ; 
and  that  whilst  misguided  and  bad  men  were 
never  more  forbearantly  dealt  with  than  the 
disturbers  of  the  public  and  the  private  peace 
have  been  dealt  with  by  the  just  and  loyal  men 
of  Missouri,  so,  on  the  other  hand,  never  has 
a  generous  magnanimity  and  a  truly  brave  for- 
bearance been  met  with  a  more  unreciprocal, 
and,  in  many  instances,  a  more  vulgar  imperi- 
ousness.  Representing  originally  an  admitted 
majority  of  80,000  voting  men,  every  act  of  this 
body  has  been  so  performed  as  to  propitiate  the 
feelings  of  the  minority,  so  far  as  it  coutd  be 
done  compatibly  with  our  paramount  duties  to 
the  majority.  For  this  we  received  no  other 
response,  after  the  close  of  our  first  session, 
than  the  most  systematic  and  violent  asper- 
sions upon  our  motives  and  integrity — no  slan- 
der being  too  vile  and  no  menace  too  cowardly 
toward  those  who  but  stood  firm  to  their  pledg- 
es and  their  convictions.  Little  neighborhood 
meetings,  at  which  less  than  a  dozen  would  as- 
semble, would  pass  resolutions  of  the  most 
false,  denunciatory  and  inflammatory  charac- 
ter, and  these  would  be  published  and  repub- 
lished,  and  by  and  by  revamped  and  published 
over  again  as  the  voice  of  whole  districts,  in 
which  it  would  be  alleged  that  great  "changes" 
had  been  wrought  in  the  public  mind,  and  that 
the  delegates  from  the  district  had  misrepre- 
sented the  voice  of  the  people.  By  and  bye 
the  Convention  was  called  together  again,  and 
determined,  amongst  other  things,  that  they 
would  put  these  slanderers  to  the  test,  by  sub- 
mitting their  entire  action  to  the  judgment  and 
decision  of  the  people — when  lo  !  the  welkin  is 
not  only  made  again  to  echo  with  denuncia- 
tions of  the  Convention  on  the  allegation  of 
again  misrepresenting  the  people,  but  the  "ly- 


ing conspirators,"  both  civil  and  military,  de- 
termine and  decree  that  the  people  shall  take 
their  word  for  it,  and  not  be  allowed  to  decide 
for  themselves,  in  their  accustomed  forms,  whe- 
ther they  will  abide  by  the  peaceful  policy  of 
the  Convention,  or  restore  the  revolutionary 
regime  of  Jackson  and  the  Legislature— Union 
and  disunion ;  fey  such  would  have  been  the 
effect  of  the  vote  upon  our  ordinance  had  se- 
cessionism  have  dared  to  accept  the  issue  which 
was  tendered  to  it. 

We  have  no  alternative,  therefore,  but  to  ac- 
cept the  issue  which  has  been  forced  upon  us — 
and  that  is,  whether  the  army  of  Jackson  shall 
be  permitted  to  carry  out  the  purposes  which 
Col.  Hughes  announces  for  it,  in  spite  of  any 
thing  the  people  may  wish  to  say  or  do,  and  at 
the  expense,  if  need  be,  of  "  all  the  material  in- 
terests of  the  State."  Shall  this  insolent  "army" 
be  permitted  to  desolate  the  last  homestead  in 
the  State — plunder  the  last  granary  and  store- 
house in  Missouri — strip  the  last  blanket  and 
snatch  the  last  morsel  from  shivering  age  and 
tender  childhood,  (sane  or  insane) — and  for 
ivhat?  What  have  the  loyal,  law-abiding  citi- 
zens of  Missouri  been  guilty  of  that  "  all  their 
material  interests,  together  with  life  itself, 
should  be  thus  menaced  by  a  military  pronun- 
ciamiento  ?  Alas  !  Mr.  President,  the  men  and 
women  thus  imperilled  by  an  insurgent  army 
have  done  no  more  than  to  plead  for  the  Gov- 
ernment and  the  laws  of  their  fathers,  and  op- 
pose themselves  to  the  conspirators  who  have 
banded  together  to  establish  in  lieu  thereof  a 
government  of  the  sword  and  by  the  sword. 
Having  thus  unavailingly  exhausted  expostu- 
lation and  argument,  what  else  remains  for  us 
to  do  as  the  representatives  of  a  people  thus 
virtually  denied  the  rights  to  which  they  were 
bom — the  right  to  vote — but  to  furnish  them 
with  arms  for  their  defense  instead  of  ballots  for 
their  suffrage  ?  Is  it  not  but  too  painfully  ap- 
parent that  we  are  at  the  end  alike  of  our  hopes 
and  our  prayers  for  peace,  and  that  the  man 
who  will  not  fight  now  is  not  only  unworthy  to 
vote,  but  fit  alone  to  "fetch  and  carry"  for  the 
military  usurpers  and  despots,  who  will  permit 
the  people  of  their  State  to  have  neither  repose, 
prosperity,  or  even  home  itself,  except  upon 
terms  of  the  most  passive  and  degrading  sub- 
mission? Thank  God  I  see  but  one  purpose 
beam  from  the  countenance  of  this  Convention 
and  this  assembly,  and  that  is,  that  we  answer 
back  these  military  marauders  and  all  who 
espouse  their  cause ;  and  in  the  name  of  the 
brave  and  loyal  men  and  women  whom  we 


15 


have  the  honor  to  represent,  and  in  the  name 
of  this  great  and  loyal  State,  upon  this  floor, 
we  bid  them  welcome  to  their  carnival  of  deso- 
lation, and  will  be  "  on  hand  "  at  the  proper 
"  times  and  places "  to  see  how  they  acquit 
themselves  of  the  pirate  vaunt  thus  insolently 
addressed  to  Missouri  men,  on  Missouri  soil, 
wljo  are  guilty  of  no  other  offense  than  the  pur- 
pose of  resisting  the  further  desecration  of 
their  laws  and  their  hearthstones,  under  a  for- 
eign flay — the  insignia  of  a  foreign  government — 
of  which  more  hereafter. 

If  Mr.  Hughes  and  those  whom  he  menda- 
ciously denominates  his  "exiled  soldiers"  shall 
attempt  for  this  or  any  other  pretended  cause 
to  "  multiply  the  widows  and  the  orphans  of 
the  country"  and  to  "drench  the  land  in  blood," 
I  trust  I  need  scarcely  promise  that  there  are 
men  of  his  own  county  (and  mine)  who  will  at 
least  test  their  ability  to  thus  defy  the  laws  of 
the  land,  organized  as  we  will  be  under  an  or- 
dinance which  will  make  it  our  duty  to  "enforce 
these  laws."  Prominent  amongst  these  will  be 
the  ordinance  of  this  Convention,  already  pass- 
ed, to  repeal  the  tyrannical  military  and  tax 
laws  of  the  last  Legislature — the  latter  of  which 
Mr.  Hughes  and  many  of  his  party  friends  are 
at  least  quite  as  unable  to  meet  as  any  other 
class  of  our  citizens  are.  It  may  be  said,  in- 
deed, without  impropriety,  that  to  the  leading 
men  of  Mr.  Hughes'  "army"  the  postponement 
of  official  process  in  this  respect,  and  in  the 
mere  every  day  respect  of  the  collection  of 
debts,  is  even  more  generally  indispensable  than 
it  is  to  their  adversaries ;  and  as  these  will 
probably  constitute  the  leading  measures  of  the 
"Provisional  Government,"  so  uncompromi- 
singly denounced  by  the  colonel,  it  may  safely 
be  commended  to  him  and  his  friends  to  pay 
their  own  debts  and  taxes  before  inaugurating 
any  further  opposition  to  the  Government 
which  postpones  them.  If,  however,  disdain- 
ing counsel  so  natural  and  so  opportune,  he 
shall  drive  the  "Provisional  Government"  to 
the  necessity  of  upholding  itself  and  its  ordi- 
nances by  "force  of  arms,"  he  may  inaugurate 
his  reign  of  "anarchy"  if  he  can — taking  the 
consequences  of  it  as  he  shall.  And  so  of  all 
others,  Mr.  President,  of  whom  Mr.  Hughes 
may  be  a  specimen,  a  leader,  or  a  guide.  I 
undertake  to  say,  in  my  place  here,  that  the 
laws  shall  be  "  enforced"  and  not  defied ;  and 
that  all  who  oppose  them  shall  be  appropriately 
punished  if  they  remain  within  their  jurisdic- 
tion. And  that  is  all  that  need  be  said,  or  that 
a  proper  self-respect  will  permit  a  member  here 


to  say,  in  respect  to  the  colonel's  denunciation 
of  our  alleged  "  usurpations,"  except  it  be  to 
commend  him  to  the  speeches  of  the  generals  of 
his  army,  who,  in  advocating  the  passage  of  the 
law  under  which  we  are  here  assembled,  conce- 
ded to  us  all  the  power  we  have  ever  exercised, 
and  more  than  we  now  propose  to  exercise.  In 
addition  to  this,  the  country  has  not  failed  to 
note,  that  in  leaving  undisturbed  the  organiza- 
tion and  incumbency  of  the  supreme  judicial  tri- 
bunal of  the  State,  we  have  given  the  highest 
practical  evidence  not  only -of  the  sincerity  of 
our  convictions,  but  of  the  more  than  fairness 
with  which  we  have  treated  the  Governor  and 
all  others  whom  we  have  felt  it  our  duty  to  de- 
pose. If  any  of  them  shall  suppose,  with  Col. 
Hughes,  that  we  have  usurped  authority  with 
which  we  were  not  duly  invested,  they  have 
but  to  appeal  to  a  court  of  their  political  friends 
for  all  necessary  redress.  It  comes  to  this, 
then,  Mr.  President :  that  whilst  what  may  not 
inaptly  be  styled  "the  Convention  party  "in  this 
unhappy  controversy  are  ready,  as  they  have 
ever  been,  to  submit  to  the  decision  of  the  courts 
or  the  people,  the  insurgent  secessionists  are 
unwilling  to  submit  to  either  !  Who,  then,  can 
longer  doubt,  upon  a  record  and  upon  reason- 
ing thus  significant  and  decisive,  that  our  late 
Governor  is  using  and  abusing  the  functions  of 
which  we  but  rightly  divested  him,  simply  to 
promote  the  interests  of  the  "  Confederacy,"  and 
without  the  slightest  idea  of  ever  again  being 
the  Governor  of  Missouri  unless  he  can  bully 
her  out  of  the  Union  in  opposition  to  her  will, 
and  loaded  with  "scrip"  and  with  "war  claims" 
which  would  constitute  an  irredeemable  mort- 
gage upon  every  man's  farm  in  the  State  ?  Let 
God  and  the  people  decide  between  us,  and 
give  success  to  the  cause  and  to  the  arms  of  the 
true  and  the  just. 

I  shall  hence  vote  for  such  amendments  of 
our  military  law  (or  ordinance)  as  may,  the  bet- 
ter adapt  it  to  the  exigencies  which  have  been 
forced  upon  us,  and  for  such  appropriations  of 
money  as  to  more  promptly  supply  and  pay  the 
brave  and  loyal  men  who  gather  around  the 
flag  of  Missouri  (interwoven  with  that  of  the 
Union)  in  contradistinction  to  the  flag  of  the 
"Confederacy ;"  and  this  leads  me  to  dwell  fqr 
a  moment  upon  the  more  prominent  unfoldings 
of  secessionism  in  this  State  as  contradistin- 
guished from  its  leading  dogma  in  the  seceded 
States,  of  which  I  may  have  more  to  say  upon 
some  subsequent  occasion.  If  there  be  any 
truth  or  soundness  in  the  great  foundation  prin- 
ciple of  secessionism — namely,  that  the  people 


16 


of  each  State,  through  a  Convention  such  as 
this  is,  have  the  right  to  decide  upon  the  polit- 
ical status  of  that  State — it  follows  as  a  conse- 
quence inevitable  as  reason  itself,  that  the  same 
argument  which  transfers  the  seceded  States  to 
the  Confederate  government,  absolutely  shuts 
Missouri  out  from  that  government.  We,  too, 
have  had  our  Convention,  meeting* and  ad- 
journing just  as  Arkansas  and  other  States  did ; 
but,  unlike  Arkansas  and  others,  we  did  not 
betray  our  constituents  by  smuggling  our  State 
into  the  "  Confederacy,"  and  so  tying  her  there 
(as  Virginia  was  tied),  that  the  people  had  no 
practical  alternative  but  to  submit.  We  deter- 
mined, in  short,  to  remain  in  the  Union — a  re- 
solve which  even  Gov.  Jackson  (whilst  he  was 
Governor)  could  not  summon  to  himself  .the 
hardihood  to  question  in  the  slightest,  but  the 
exact  reverse.  Conceding  thus  our  exclusive 
authority  to  either  absolve  or  maintain  our  re- 
lations to  the  Government  of  the  United  States, 
what  have  we  since  seen,  and  what  do  we  now 
see  ?  We  have  seen  the  same  Governor,  after 
travelling  through  Arkansas  to  Virginia,  return 
through  Tennessee —procure  there  a  "body 
guard"  with  which  to  enter  his  own  State- 
when,  after  venturing  as  near  to  his  capital  as 
New  Madrid,  he  issued  a  proclamation  calum- 
niously  denouncing  the  action  and  the  mem- 
bers of  this  Convention,  and,  instead  of  joining 
us  in  the  appeal  which  we  had  made  to  the  de- 
cision of  a  common  constituency,  declared  the 
State  out  of  the  Union  five  days  after  we  had 
declared  him  out  of  office !  I  know  that  the 
delegate  from  Andrew,  (Mr.  Hudgins,)  whom 
I  wish  I  could  as  appropriately  call  my  politi- 
cal as  I  can  my  personal  friend, 

Mr.  HUDGIUS.  You  can  when  you  are  right. 
Mr.  BIRCH.  Whilst  I  would  give  much  to 
be  "  right,"  even  in  the  sense  of  my  friend,  I 
would  give  much  more  if  he  were  right  (as  I 
trust  he  may  yet  be)  in  the  sense  of  this  un- 
happy controversy.  But  to  proceed  :  I  know 
that  that  astute  lawyer  and  politician  even 
ridiculed  the  idea  of  Gov.  Jackson  being  able  to 
"  draw"  or  "  carry"  Missouri  out  of  the  Union 
— declaring  in  a  speech  which  he  delivered  to 
us  at  our  last  session,  that  "  no  man  in  his 
senses  would  presume  he  had  any  such  power" 
— and  in  that  I  concur  with  him,  and  trust  he 
yet  concurs  with  himself.  But  has  it  not  been 
upon  the  power  thus  insanely  or  most  wantonly 
usurped  that  he  has  presumed  to  "carry"  us 
out  of  the  Union — repudiated  our  reference  to 
the  ballot  box — and  by  an  arrangement  most 
atrociously  entered  into  with  the  Confederate 


Government  at  Richmond,  transferred  the  war 
of  the  Mississippi  to  the  soil  and  the  corn  fields 
of  Missouri,  in  the  very  face  of  the  record  pro- 
test of  her  Convention  and  her  people  ?    From 
the  same  place,  Mr.  President,  in  the  south- 
eastern corner  of  our  State,  a  Confederate  Ge- 
neral, whom  all  true  Missourians  must  regard 
with  the  indignation  which  is  due  to  an  inso- 
lent armed  invader,  had  the  presumption  to 
issue  a  proclamation,  in  which  he  stated  that 
he  was  amongst  us  with  his  army  "  at  the  in- 
stance and  request "  of  Gov.  Jackson  ;  and'the 
original  President  of  this  Convention,  who  not 
only  voted  with  the  rest  of  us  that  he  would 
not  secede,  but,  also,  that  we  would  adjourn  to 
meet  again  upon  his  own  call,  (as  ex-officio 
chairman  of  the  committee  appointed  for  that 
purpose,)  should  it  become  necessary  in  order 
to  circumvent  or  counteract  the  more  than  whis- 
pered trickery  and  treachery  of  Jackson — even 
that  man  (honored  and  trusted  by  us  as  he  had 
been) — subsequently  found  it  in  his  nature  to 
coalesce  with  Jackson,  and  to  lead  and  to  deliver 
a  Missouri  army  to  another  Confederate  Gene- 
ral, of  a  lower  grade  than  himself,  who  directly 
afterwards  flew  the  flag  of  the  Confederacy 
(not  blended  even  with  the  flag  of  the  State) 
from  the  captured  city  of  Springfield,  in  the  be- 
trayed and  dishonored  State  of  Missouri !    It 
remained,  therefore,  but  necessary  for  McCul- 
loch  to  denounce  such  men  as  we  are  as  "  ene- 
mies," (as  in  his  proclamation  he  did,)  in  order 
to   vindicate  what  secessionism   denominates 
"  the  sovereignty  of  the  State !"    As  this,  how- 
ever, is  but  a  sample  of  their  want  of  sincerity 
in  all  things  else,  he  who  cannot  now  see  in  the 
manner  of  the  war  they  are  keeping  up  in  Mis- 
souri that  it  is  for  the  purpose  alone  of  keeping 
it  out  of  the  cotton  States,  may  well  be  permitted 
to  indulge  the  dream  of  the  dupe  who  supposes 
the  object  of  all  this  delay  to  be  the  restoration 
of  Jackson !     If  this  were  so,  why  not  drive 
out  the  forces  of  the  Federal  Government,  and 
restore  Jackson  now  ?    Will  he  ever  be  numeri- 
cally stronger,  or  even  as  strong  again,  as  he 
was  at  Lexington,   and   is  now,  when  he  is 
again  running/ro/n  his  capital,  instead  of  pres- 
sing towards  it  ?     The  truth  is,  Mr.  President, 
and  we  know  it,  (and  every  one  else  ought  to 
know  it,)  that  Jackson  is  but  a  tool  in  the 
hands  of  the  Confederacy,  and  that  he  dare  not 
return  to  his  capital,  or  anywhere  else  where 
he   can  be   reached  by  judicial  process;  and 
that  in  playing  the  part  to  which  he  has  so 
ignobly  and  atrociously  consented,  he  is  but 
redeeming  his  pledge  to  "carry  his  State  to 


17 


h — 11,  unless  he  could  carry  her  out  of  the 
Union."  But  for  his  stealthy,  deliberate  and 
persistent  treachery,  Missouri  had  been  to-day 
the  most  quiet  and  prosperous  State  in  the 
Union.  His  declension  to  furnish  troops  to 
the  President  had  been  overlooked  ;  and  but  for 
the  unnecessary  reassembling  of  his  Legisla- 
ture, and  its  secret  and  treasonable  preparations 
to  resist  the  rightful  authority  of  the  General 
Government,  the  melancholy  incidents  of  the 
necessary  capture  of  Camp  Jackson  would 
have  furnished  no  pretext  for  his  subsequent 
attempts  at  double-dealing  with  Harney  and 
Lyon — all  of  which  are  at  length  fully  under- 
stood and  appreciated  in  the  light  of  his  ex- 
humed letters  to  Walker  and  Tucker.  Com- 
mitted to  treason  whilst  pretending  loyalty,  it 
is  but  natural  to  presume  that  it  was  whilst 
smarting  under  the  quiet  yet  steady  distrust 
of  the  true  and  sagacious  Lyon  he  uttered  the 
blasphemous  pledge  already  alluded  to  —  to 
carry  his  State  out  of  the  Union  or  carry  her 
to  h — 1! !  He  issued  his  proclamation  ac- 
cordingly ;  many  were  deceived  by  it  who  at 
length  begin  to  understand  and  become  tired 
of  the  whole  matter ;  and  he  has  yet  but  so  far 
succeeded  in  carrying  his  State  toward  the  re- 
ceptacle of  all  things  as  base  as  himself,  as  to 
have  constituted  the  southern  part  of  it  the 
camping  (/round  of  thieves  and  traitors.  It  is 
these,  and  such  as  these,  that  we  propose  to  so 
far  co-operate  with  the  General  Government 
as  to  either  expel  or  destroy.  Beyond  this  we 
never  proposed  to  go ;  beyond  this,  indeed,  we 
have  no  right  to  go,  unless*  our  regiments  were 
to  volunteer  into  the  more  general  service  of 
the  United  States  ;  and  this,  in  my  poor  judg- 
ment, it  would  be  neither  wise  nor  expedient 
to  do.  To  vindicate  and  maintain  at  once  the 
sovereignty  and  the  loyalty  of  our  own  State, 
and  afford  thereby  the  protection  of  the  law  to 
all  its  citizens,  will  doubtless  be  regarded  as 
sufficient  in  this  contest  for  the  honor  and  the 
arms  of  Missouri. 

In  respect  to  that  portion  of  my  resolution 
which  looks  to  the  abrogation  of  many  useless 
offices,  by  which,  according  to  the  information 
I  have  received  upon  the  subject,  we  may  work 
a  yearly  saving  to  the  State  and  the  people  of 
more  than  $50,000 ;  and  in  respect  to  the  reduc- 
tion of  official  salaries,  at  a  time  when  all  other 
things  are  reduced  in  price  accordingly,  and 
by  which  there  will  be  saved  to  the  treasury 
more  than  as  much  more ;  such  measures  not 
only  speak  for  themselves,  but  illustrate  the 
difference  between  an  executive  who  is  no  poli- 
2 


tician,  and  one  who  became  Governor  purely 
because  he  icas  a  politician,  and  a  most  adroit 
but  dishonest  one  at  that.  It  may  not  be  inap- 
propriate in  this  connection  to  express  the  hope 
that  neither  Governor  Gamble,  nor  either  of 
the  other  distinguished  citizens  whom  we  as- 
sociated with  him  in  the  administration  of  the 
executive  positions  which  we  found  deserted 
by  those  who  had  betrayed  the  people  and 
hence  fled  from  their  presence,  will  resist  what 
I  trust  and  believe  will  be  the  unanimous  de- 
sire of  this  body  to  continue  them  in  the  pub- 
lic service  during  this  trying  exigency.  I  feel 
assured  that  the  country  is  satisfied  with  them ; 
and  I  know  I  speak  the  voice  of  my  own  more 
immediate  locality,  when  I  add  that  their  de- 
clension to  longer  serve  in  their  respective  po- 
sitions would  be  regarded  with  much  regret. 
The  suspension  of  coercive  proceedings  for 
the  collection  of  debts  and  taxes  is  also  within 
the  prerogative  of  this  body,  except  in  so  far  as 
it  may  be  controlled  by  the  Constitution  of  the 
United  States.  I  agree  with  those  who  con- 
ceded to  us  aft  power  (not  limited  as  above) 
while  the  bill  providing  for  our  election  was 
under  discussion  in  the  two  Houses  of  the 
General  Assembly — having  had  no  occasion  to 
eat  my  own  words  as  they  and  their  partisans 
have  since  eaten  theirs — and  hence  have  no 
hesitation  in  saying  that  what  seems  to  me  to 
be  so  imperiously  demanded  by  the  exigencies 
and  the  interests  of  the  people  should  be  carried 
out  by  the  delegates  of  the  people.  These 
measures  of  relief  should  of  course  be  general 
— applying  to  all  who  owe  debts  or  taxes, 
whether  great  or  small,  and  whether  cogniza- 
ble before  the  higher  or  the  lower  courts,  or 
under  deeds  of  trust — all  alike  should  be  left  as 
nearly  as  possible  in  statu  quo  during  the  pe- 
riod of  embarrassment  and  distress  which  has 
been  brought  upon  the  country  by  the  insane 
attempt  to  break  up  the  Government — the  but 
natural  prelude  to  the  destruction  of  society  and 
the  general  ruin  of  the  people.  If  this  postpone* 
ment  of  the  mere  statutory  right  to  enforce  con- 
tracts shall  subject  us,  in  any  sense,  to  the 
criticisms  of  those  who  (for  a  purpose)  shall 
refer  us  to  the  provision  in  the  Federal  Con- 
stitution which  restricts  a  State  from  impairing 
them,  we  can  at  least  reply  that  we  gave  the 
benefit  of  our  doubts  to  the  unfortunate  and 
oppressed,  who  are  summoned  in  the  exigency 
of  the  times  to  the  defense  of  their  State  in- 
stead of  the  collection  of  money  ;  and  if,  as 
already  intimated,  we  thereby  save  those  who 
have  been  the  authors  of  our  misfortunes,  ae 


18 


well  as  those  who  are  the  subjects  of  them,  we 
shall  be  but  fulfilling  the  Scriptural  injunction 
of  thereby  heaping  upon  them  "  coals  of  fire." 

Leaving,  therefore,  the  mere  details  of  these 
measures  to  the  appropriate  committees,  a  few 
general  reflections  will  conclude  all  I  have  de- 
sired to  say  at  present.  Finding  some  diver- 
sity of  opinion  amongst  gentlemen  as  to  the 
course  which  should  be  pursued  in  respect  to 
the  public  officers  of  the  State,  I  would  very 
deferentially  submit,  as  a  legitimate  common 
ground  for  all,  that  we  simply  provide,  by  or- 
dinance, that  on  or  before  a  given  day — say 
the  first  day  of  December  next— each  public 
officer  or  servant  of  the  State,  from  the  high- 
est to  the  lowest,  (including  the  banks  and 
other  moneyed  institutions,  with  their  several 
officers  and  directors)  shall  cause  to  be  filed  in 
the  proper  office  an  oath  of  allegiance  and  fidel- 
ity to  the  Government  of  the  "  United  States," 
in  its  controversy  with  the  "  Confederate 
States,"  or  in  default  thereof  that  his  office, 
employment  or  agency  shall  be  regarded  as 
vacant,  and  filled  by  appointment  or  election 
accordingly.  I  doubt  not  my  distinguished 
friend  from  St.  Louis,  ( Mr.  Wright,)  who  is 
now  so  honoring  me  with  his  ear,  can,  (not- 
withstanding his  dissent  from  the  assumption 
and  the  policy  of  the  administration,  in  much 
of  which  I  agree  with  him,)  without  much 
trouble  to  himself,  so  draft  an  oath  as  to  search 
at  once  the  conscience  and  the  pride  of  the 
most  sinuous  adversary  of  that  Government — 
reaching  and  comprising  all  such  "  mental  re- 
servations" as  sometimes  confront  us  on  the 
part  of  those  who  purposely  or  unwittingly 
fail  to  discriminate  between  the  government  of 
the  country  and  its  administrators  for  the  time 
being ;  and  I  am  sure  that  wo  man  should  com- 
plain, if  unable  or  unwilling  to  take  such  an 
oath  of  assumed  fidelity  to  the  Government, 
that  he  should  be  required  to  vacate  his  office 
under  that  Government.  Of  course  in  such  a 
presence  as  this  it  is  unnecessary  to  repeat  the 
relation  of  every  citizen  and  every  officer  of  a 
State  to  the  Government  of  the  United  States ; 
so  that  if  there  be  (as  there  doubtless  are) 
those  in  office  who  cannot  consistently  make 
and  file  a  sworn  declaration  such  as  may  be 
here  prescribed,  the  opinion  need  scarcely  be 
repeated  that  another  should  be  found  who 
can — the  punishment  of  perjury  (as  well  as 
treason)  to  be  annexed  in  either  and  in  every 
case. 

A  somewhat  similar  course  in  respect  to 
those  who  are  said  to  be  now  returning  from 


the  insurgent  army  might  be  productive  of 
similar  consequences,  both  to  the  State  and  to 
many  of  its  citizens,  who,  having  been  misim- 
pressed  and  misled  in  the  past,  may  wish  to 
live  in  peace  and  loyalty  in  the  future.  Let 
them  do  so,  upon  laying  down  their  arms,  and 
filing  with  the  records  of  their  county,  a  de- 
claration and  an  oath  of  similar  import.  When 
I  remember  how  the  young  and  impulsive 
(especially)  have  been  misimpressed  and  over- 
reached by  those  in  whom  they  confided,  per- 
haps but  naturally,  I  feel  that  I  should  fall 
short  of  the  duty  of  a  Christian  citizen  were 
I  not  rather  to  seek  to  reclaim  and  to  save 
them,  than  to  punish  them  for  doing  what  many 
of  them  were  brought  to  believe  they  ought  to 
do.  Take,  for  instance,  the  case  of  a  company 
which  was  raised  in  the  south-eastern  corner 
of  my  own  county — the  proceedings  prelimi- 
nary to  which  I  will  read  to  the  Convention  as 
a  specimen  of  the  mendacious  misrepresenta- 
tions of  the  secession  leaders  all  over  the 
State — and  for  one  I  feel  that  I  ^iave  not  the 
hear;  to  punish  either  boys  or  men  (if  they 
can  be  otherwise  reclaimed  to  society  and  to 
peace)  who  were  thus  imposed  upon,  especially 
by  preachers.  I  read  from  my  county  paper  of 
the  9th  of  May  last  (since  defunct)  as  follows.; 

PUBLIC   MEETING   AT   HAYNESVILLE. 

"  At  a  meeting  of  the  States'  Eights  party 
at  Haynesville  and  vicinity,  Saturday,  May 
4th,  1861,  on  motion  Col.  Mason  Summers  was 
called  to  the  chair,  and  Dr.  J.  D.  Wallis  elected 
Secretary. 

"After  the  Chairman  explained  the  object 
of  the  meeting,  Prof.  L.  M.  Lewis  Avas  intro- 
duced to  the  audience,  and  made  an  able,  spir- 
ited and  logical  speech  in  behalf  of  Southern 
rights,  for  which,  on  motion,  the  thanks  of  the 
assembly  were  tendered. 

"  The  following  resolutions  were  then  offer- 
ed by  Judge  J.  R.  Coffman,  which  were  unani- 
mously adopted : 

"  Resolved,  That  we  owe  no  allegiance  to  the 
Government  now  headed  by  Abraham  Lincoln 
and  W.  H.  Seward,  commonly  known  as  the 
United  States  Government,  or  any  other  gov- 
ernment that  recognizes  the  equality  of  the 
negro  with  the  white  man. 

"Resolved,  That  we,  the  citizens  here  assem- 
bled, feel  ourselves  identified  with  our  brethren 
of  the  Confederate  States  in  common  feelings, 
rights  and  destinies,  and  we  hereby  pledge  to 
them  our  united  action  in  vindication  of  the 
same. 


19 


"Resolved,  That  the  duty  and  honor  of  Mis- 
souri imperatively  demand  that  she  should 
secede  and  take  her  position  with  her  sister 
Southern  States,  and  that  we  pledge  ourselves 
to  use  our  utmost  endeavors  to  secure  that 
result. 

"  Resolved,  That  we  tender  thanks  to  the  pa- 
triotic ladies  of  Haynesville,  for  furnishing  us 
with  a  Confederate  States  flag,  under  which 
every  true  son  of  the  South  can  rally  and  de- 
fend their  sacred  rights. 

"  Resolved,  That  the  resolutions  and  proceed- 
ings of  this  meeting  be  published  in  the  North- 
west Reporter,  a  newspaper  which  has  always 
vindicated  the  rights  and  honor  of  Missouri 
under  all  circumstances. 

"  On  motion  of  T.  M.  Scruggs,  Jr.,  it  was 
ordered  that  the  Clay  County  Flag  be  added, 
which  was  accepted. 

"After  which  there  was  a  company  of  the 
young  men  raised,  subject  to  the  order  of  Gov. 
Jackson,  to  defend  the  State. 

M.  SUMMERS,  Chairman. 

J.  D.  WALLIS,  Secretary." 

Now,  Mr.  President,  amongst  the  compara- 
tively few  who  read  and  reflect  enough  to  dis- 
tinguish between  truth  and  falsehood,  it  is  of 
course  unnecessary  to  denounce  this  first  reso- 
lution, which  was  used  as  a  driver  to  all  the  rest, 
as  being  mendaciously  and  unqualifiedly  un- 
true from  beginning  to  end — the  falsehood  hav- 
ing been  doubtless  invented  as  an  excuse  and 
an  incentive  to  the  treason,  and  the  only  means, 
perhaps,  of  filling  up  a  company  for  Governor 
Jackson  and  the  Confederacy  in  opposition  to 
this  alleged  equality  of  the  negro  and  the  white 
man,  under  the  Government  of  the  Union.  I 
have  elsewhere  characterized  this  falsehood  as 
audacious — eminently  and  wickedly  audacious — 
since  not  to  have  known  in  May  last,  that  Mr. 
Lincoln's  Inaugural  Address,  (to  say  nothing 
of  the  subsequent  and  almost  unanimous  re- 
solve of  Congress,)  had  given  the  lie  in  the 
amplest  sense  to  all  such  mendacious  aspersions, 
was  to  absolutely  disqualify  a  man  from  saying 
anything  upon  the  subject,  much  less  to  adopt 
or  manufacture  so  malignant  a  deception — the 
very  REVERSE  of  truth.  It  was  brought  for- 
ward and  indorsed,  however,  by  a  County 
Court  Judge,  a  doctor  and  two  preachers — 
(one  of  my  own  denomination  and  one  of  that 
of  my  friend  from  Andrew)— the  young  and 
the  uninformed  were  inflamed  to  believe  it, 
and  hence  but  naturally  took  the  side  of  Jack- 
son, whom  they  were  made  to  regard  as  but 


gallantly  asserting  the  superiority  and  the  dig- 
nity of  their  own  race,  in  opposition  to  the  doc- 
trine of  "negro  equality"  so  calumniously 
ascribed  to  Mr.  Lincoln.  Some  of  these  boys 
I  know,  and  the  fathers  of  some  I  know,  as 
amongst  the  most  respectable,  however  mis- 
guided, citizens — and  for  these  I  would  even 
yet  a  little  longer  forbear  and  plead.  Some  of 
them,  I  fear,  will  continue  with  Col.  Hughes 
in  his  pirate  raid  upon  our  "material  inter- 
ests;" and  such,  of  course,  must  be  confronted 
and  punished  accordingly. 

If  there  be  others,  ho.wever,  as  I  believe 
there  are,  who  have  either  returned,  or  who 
may  return,  in  the  more  patriotic  relation  of 
resumed  good  citizenship,  let  them  be  permit- 
ted to  join  with  us  again  in  the  protection  of 
society,  instead  of  its  destruction ;  and  let  us 
so  proclaim  it,  and  so  make  it  good. 

For  the  present,  Mr.  President,  I  will  not  fur- 
ther weary  the  Convention  than  to  add,  that 
if  this  war,  which  both  Congress  and  the  Pre- 
sident have  so  solemnly  declared  is  not  waged 
with  a  view  to  overthrow  or  impair  the  insti- 
tution of  slavery,  but  simply  to  assert  and  re- 
store the  wonted  authority  and  dignity  of  the 
Constitution  and  Government  of  our  fathers — 
if  by  any  future  possibility,  assumption,  or 
misadventure,  the  controversy  shall  degener- 
ate on  the  part  of  that  Government  even  in  the 
direction  of 'negro  equality,  or  negro  emancipa- 
tion, or  even  negro  insecurity,  I  will  be  amongst 
the  first  and  the  loudest  to  denounce,  and  con- 
tribute to  overthrow  it.  Born  to  the  inherit- 
ance of  the  institution,  my  record  will  show 
how  I  have  stood  for  it  in  the  past,  as  I  stand 
for  it  to-day,  and  shall  in  all  the  future.  I  will 
not,  for  that  reason,  however,  either  stultify 
my  own  integrity,  or  imperil  the  institution 
itself,  either  by  the  invention  or  the  indorse- 
ment of  an  exasperating  FALSEHOOD  ;  and  as 
that  constitutes  my  sole  offense  with  those  who 
have  done  so,  I  shall  expose  and  defy  them  in 
the  future  as  I  have  in  the  past.  Standing 
ready,  as  I  have  ever  done,  to  submit  the  ques- 
tions in  issue  to  the  judgment  and  decision  of 
the  people,  and  to  thus  terminate  the  contro- 
versy on  my  part  by  the  verdict  of  the  ballot- 
box—reiterating  thus  the  voice  of  this  Conven- 
tion, and  the  voice  as  I  doubt  not  of  those  who 
sent  us  here — it  remains  of  course  with  the 
Secession  leaders  and  the  Secession  "army," 
to  either  permit  a  full  and  fair  election,  or  to 
continue  to  despoil  us  of  "  our  material  inter- 
ests," as  they  have  vowed  they  will  do.  Upon 
them,  therefore,  will  continue  to  rest  the  re- 


20 


sponsibility  of  having  brought  upon  the  coun- 
try all  its  present  calamities,  as  well  as  all  its 
prospective  horrors,  and  of  them,  and  to  them, 
I  repeat  and  indorse  the  immortal  speech  of 
HENRY  CLAY,  as  follows  : 

"  If  any  one  State,  or  any  one  portion  of  the 
people  of  any  State,  choose  to  place  themselves 
in  array  against  the  Government  of  the  Union, 
I  am  for  trying  the  strength  of  this  Govern- 
ment. I  am  for  ascertaining  whether  we  have 
a  Government  or  not — practicable,  efficient, 
capable  of  maintaining  its  authority  and  up- 
holding the  powers  and  interests  which  belong 
to  a  Government.  Nor,  sir,  am  I  to  be  alarm- 
ed or  dissuaded  from  any  such  course  by  inti- 
mations of  the  spilling  of  blood.  If  blood  is  to 
be  spilt,  by  whose  fault  is  it  to  be  spilt  ?  Upon 
the  supposition  I  maintain,  it  will  be  the  fault 
of  those  who  choose  to  raise  the  standard  of 
disunion,  and  endeavor  to  prostrate  the  Gov- 
ernment. And,  sir,  when  that  is  done,  so  long 
as  it  pleases  God  to  give  me  a  voice  to  express 
my  sentiments,  or  an  arm,  weak  and  enfeebled 
as  it  may  be  by  age,  that  voice  and  that  arm 
will  be  on  the  side  of  my  country,  for  the  sup- 
port of  the  general  authority,  and  for  the  main- 
tenance of  the  Powers  of  the  Union." 


It  is  thus,  Mr.  President,  that  I,  too,  would 
live,  or  peradventure  die.  It  is  thus  that  I, 
too,  regarding  the  liberties  of  my  country  as 
inseparably  interwoven  with  its  constitution 
and  its  flag — which  with  all  its  soils,  whether 
real  or  imaginary,  I  still  prefer  to  any  other 
flag — adopt  as  the  conclusion  and  the  sum  of 
what  I  feel  I  have  but  too  imperfectly  enuncia- 
ted, the  apostrophe  of  one  of  our  most  fervid 
patriot  poets,  when  invoking  alike  the  benedic- 
tions of  Heaven  and  the  maledictions  of  earth, 
he  prayed  for  the  flag  of  his  fathers  as  I  pray — 

"  God  guard  our  flag,  and  make  each  star- 
Each  stripe  more  hright  than  now  they  wave. 

Still  make  it  lead  our  ranks  in  war, 
Still  float  above  each  patriot's  grave ! 

Death  to  the  traitor  that  would  dare 
To  trail  it  through  the  dust  of  shame ; 

All  honest  hearts  its  lot  will  share 
And  follow  it  to  Death  or  Fame." 

At  the  conclusion  of  Mr.  Birch's  remarks, 
Mr.  MCFERRAN  offered  a  resolution,  that  the 
several  subjects  contained  in  the  Governor's 
message  be  referred  to  the  appropriate  commit- 
tees.   Adopted. 

On  motion  of  Mr.  WRIGHT,  the  Convention 
adjourned. 


THIRD    D  A.  Y. 


Met  at  lOi  A.  M. 

Prayer  by  Rev.  Dr.  NELSON. 
-   On  motion  of  Mr.  HALL,  of  Randolph,  Mr. 
Pomeroy  had  leave  of  absence  for  Monday. 

Mr.  WRIGHT  obtained  the  floor,  but  gave 
way  to  Mr.  Breckinridge,  who  moved  that  the 
rules  be  suspended  to  allow  Mr.  Hendricks, 
from  the  Committee  on  Elections,  to  introduce 
the  following  bill : 

AN  ORDINANCE  PROVIDING  FOR  CHANGING  THE 
TIME  OF  HOLDING  CERTAIN  ELECTIONS. 

WHEREAS,  This  Convention  did,  during  its 
session  at  Jefferson  City,  on  the  30th  day  of 
July,  A.D.  1861,  adopt  an  ordinance  providing 
for  the  election  of  certain  State  officers,  and 
also  an  ordinance  providing  for  submitting  its 
action  to  the  people  of  the  State  of  Missouri, 
and  appointing  a  time  therefor ;  and 

WHEREAS,  It  is  manifest  that,  by  reason  of 


SATURDAY,  October  12,  1861. 

the  disturbed  condition  of  the  State,  it  will  be 
impossible,  at  the  time  so  appointed,  to  elicit 
a  fair  expression  of  the  popular  will;  there- 
fore, 

Be  it  ordained  by  the  people  of  the  State  of  Mis- 
souri, in  Convention  assembled,  as  follows,  to- 
wit : 

First — That  so  much  of  an  ordinance  enti- 
tled "An  Ordinance  providing  for  certain 
amendments  to  the  Constitution,"  adopted  on 
the  30th  day  of  July,  1861,  as  provides  for  the 
election  of  a  Governor,  Lieutenant  Governor, 
Secretary  of  State,  and  members  of  the  General 
Assembly,  on  the  first  Monday  of  November, 
A.  D.  1861,  and  so  much  of  an  ordinance  en- 
titled "An  Ordinance  for  submitting  the  ac- 
tion of  this  Convention  to  a  vote  of  the  people 
of  Missouri,"  adopted  on  the  same  day,  as  pro- 
vides for  submitting  the  action  of  this  Conven- 


21 


tion  to  a  vote  of  the  people  on  the  first  Monday 
of  November,  A.  I).  1861,  be  and  the  same  are 
hereby  so  modified  that  said  elections  shall  not 
be  held  on  the  day  therein  named,  but  instead 
thereof  shall  be  held  on  the  first  Monday  of 
August,  A.  D.  1862. 

Second— Said  elections  shall,  in  all  other 
respects,  be  held  and  the  returns  thereof  made 
as  provided  in  the  ordinances  heretofore  adopt- 
ed by  this  Convention. 

Third — The  Governor,  Lieutenant  Gover- 
nor, and  Secretary  of  State,  heretofore  ap- 
pointed by  this  Convention,  shall  discharge 
the  duties  and  exercise  the  powers  which  per- 
tain to  their  respective  offices,  and  continue  in 
office  until  the  first  Monday  of  August,  A.  D. 
1862,  and  until  their  successors  are  duly  elect- 
ed and  qualified,  or  until  the  qualified  voters 
of  the  State  shall  disapprove  the  action  of  this 
Convention. 

Mr.  HENDRICKS  moved  that  the  bill  be  laid 
on  the  table  and  printed,  and  made  the  special 
order  for  4  p.  M. 

Mr.  WELCH  intimated  that  this  motion 
would  be  taking  advantage  of  Mr.  Wright  (who 
was  entitled  to  the  floor). 

Mr.  BRECKINRIDGE  said  such  was  not  his 
intention  at  all.  He  believed,  however,  that 
by  the  rules  speakers  were  limited  to  one  hour. 

Mr.  BIRCH  hoped  the  bill  would  be  made 
the  order  for  Monday. 

Mr.  HEXDRICKS,  at.  the  suggestion  of  Mr. 
Brcckinridge,  withdrew  his  motion. 

Mr.  GANTT  said  some  reference  had  been 
made  to  the  hour  rule.  That  rule  was  not  en- 
forced yesterday,  and  he  wished  to  know 
whether  it  was  now  in  force "? 

The  PRESIDENT  subsequently  decided  that 
the  hour  rule  was  in  force,  but  he  forgot  to 
enforce  it  yesterday. 

Mr.  WRIGHT  again  took  the  floor.  After 
reading  the  resolution  offered  by  Mr.  Birch 
yesterday, 

Mr.  WRIGHT  said.:  Sir,  it  may  be  useful  to 
inquire  not  only  what  the  present  condition  of 
the  country  is,  but  the  cause  of  that  condition. 
This  first  resolution  implies  that  something  has 
transpired  since  we  last  met,  demanding  a  to- 
tal revolution  of  what  the  wisdom  of  this  body 
then  resolved  to  be  right.  At  that  period  of 
time,  when  this  Convention  forcibly  took  hold 
of  the  power,  and  exercised  it  in  a  series  of 
restrictive  and  rigorous  measures,  vacated  offi- 
ces, deposed  the  General  Assembly,  repealed 
laws  and  enacted  laws,  the  condition  of  the 
country  was  not  materially  different  from  what 


it  is  now.  Then  we  had  civil  war — Federal 
troops  held  possession  of  the  Capitol — the  de 
facto  military  Governor  had  seized  the  archives 
of  the  State.  There  was  social-civil  war,  as  it 
has  been  called,  in  spite  of  the  seeming  para- 
dox— the  State  Treasury  was  in  possession  or 
under  the  control  of  Federal  officers — Seces- 
sion bands  and  marauders  were  all  over  the 
State — Northern  Missouri,  and  other  portions, 
were  infested  by  them,  as  was  said — two  ar- 
mies, one  Federal,  and  the  other  State,  occu- 
pied the  Southwest.  In  this  condition  of  things 
you  resolved  upon  an  election  by  the  people 
in  November,  and  apologised  for  postponing  it 
to  that  period.  Your  apology  is  in  these  words : 

"Your  delegates  desire  that  you  shall  by  elec- 
tion fill  these  offices  by  persons  of  your  own 
choice ;  and  for  this  purpose  they  have  directed, 
by  ordinance,  that  an  election  shall  be  held  on 
the  first  Monday  in  November.  This  time, 
rather  than  one  nearer  at  hand,  was  selected  so 
as  to  conform  to  the  spirit  of  the  provision  in 
the  Constitution  which  requires  three  months' 
notice  to  be  given  of  an  election  to  fill  a  va- 
cancy in  the  office  of  Governor." 

This  Convention  wished  then  to  harmonize 
its  action,  whatever  might  be  its  character, 
with  that  provision  of  the  State  Constitution 
which  requires  a  notice  of  three  months  to  be 
given  of  an  election  so  important;  but  now 
this  Convention  comes  here,  and  you  are  ask- 
ed, through  the  recommendation  of  the  Gov- 
ernor, and  by  the  resolution  of  the  gentleman 
from  Clinton  (Mr.  Birch),  to  take  from  the 
people  the  right  to  exercise  that  very  power 
which — and  I  say  it  respectfully,  of  course — 
you  have  usurped.  Of  course,  there  must  be 
some  apology  for  this  conduct,  and  it  is  found 
in  the  distracted  condition  of  the  country. 
Was  it  not  distracted  before  ?  When  you  made 
your  resolves — when  you  expelled  the  Gover- 
nor of  the  State  from  his  office  and  put  in  one 
of  your  own  choosing — did  you  not  know  that 
the  country  was  in  a  distracted  condition  ?  that 
civil  war  was  raging  in  our  midst — a  war  of 
the  worst  character,  because  of  its  social  char- 
acteristics ?  Ah,  gentlemen  of  the  majority, 
you  will  find  that  the  action  you  now  propose, 
if  carried  out,  will  only  be  another  source  of 
irritation  in  this  State  ;  and  that  brings  me  to 
look  at  the  actual  condition  of  the  country.  Is 
it  worse  than  before'?  If  so,  then  the  inquiry 
with  me  is  as  to  the  cause  why  it  is  ;  and  let 
me  ask  if  your  own  action  has  not  contributed 
to  this  very  exasperated  state  of  things  ?  I 
say  it  is  your  own  action  that  has  helped  to 


22 


make  up  the  unfortunate  sum  of  our  national 
troubles — that  has  helped  to  localize  the  disaf- 
fection and  disloyalty  in  the  State,  and  to  ex- 
tinguish and  deaden  in  the  hearts  of  men  their 
loyalty  to  the.Constitution  of  the  United  States. 
Look  at  the  condition  of  Kentucky  two  months 
ago,  and  look  at  it  now,  and  you  see  the  same 
causes  at  work,  induced  by  that  inexorable  logic 
which  has  produced  the  same  consequences 
everywhere.  Had  you  riot  foresight  enough 
to  see  that  your  election  could  not  be  held  ? 
And  yet  you  went  ahead.  What  was  the  rela- 
tive condition  of  the  country  then  1  Were 
your  prospects  better  for  a  fair  election  then 
than  now  ?  At  that  period  of  time  North  Mis- 
souri was  infested  by  secession  bands,  and  it 
is  now  proclaimed  to  have  been  cleared  of 
them  ;  and  we  are  to-day  in  equally  as  good  a 
position  for  testing  this  matter  at  the  polls  as 
at  the  time  of  the  action  of  this  Convention  at 
Jefferson  City.  Judging  from  all  the  sources 
of  information  allowed  to  us,  through  tele- 
grams under  military  surveillance,  and  through 
the  press,  which  can  only  speak  one  side — 
through  these  sources  of  information  we  learn 
that  these  secession  gentlemen  are  retreating, 
and  backing  out  of  the  State ;  and  that  the  in- 
domitable and  valiant  Fremont  will  send  them 
all  into  Arkansas  in  a  short  period  of  time. 
Th's  will  be  the  inevitable  consequence  of  a 
grand  and  systematic  arrangement — grand  and 
systematic,  according  to  all  the  indications 
which  have  been  given  out  through  those  orac- 
ular and  veritable  things  called  telegrams ; 
and  in  those  veracious  prints  which  always 
speak  the  truth — because  no  prints  are  allowed 
to  speak  anything  but  what  is  true  ;  they  are 
all  alike  under  this  military  surveillance>  and 
"no  man  under  this  system  of  things  can,  by 
any  possibility,  publish  a  lie— and  it  is  a  source 
of  consolation  to  know  that  there  is  a  univer- 
sal, supreme,  and  uncontrolled  dominion  of 
truth  in  this  State,  so  far  as  the  public  press 
is  concerned.  Through  all  these  sources  of  in- 
formation we  are  told  that  these  secession  gen- 
tlemen will  be  driven  from  the  State. 

Well,  one  would  suppose  that  this  would  help 
your  election  in  November— for  you  were  not 
sure  that  the  secessionists  would  be  driven 
from  the  State,  or  that  the  presses  would  be 
compelled  to  speak  the  truth  when  you  made 
your  resolves  at  Jefferson  City.  But  there  is 
something  more  than  this.  Let  me  guess  what 
it  is.  And  while  I  want  to  be  respectful,  like 
an  old  justice  of  the  peace  in  Virginia,  when 
1  joke,  I  joke  as  near  the  truth  as  possible. 


Havn't  you  found  out  that  the  people  will  not 
sustain  yonr  action  in  November?  Havn't 
you  discovered  that  there  is  no  chance  at  the 
polls,  and  that  they  will  proclaim  their  voice 
against  you  in  November  ?  Don't  you  fear 
that  ? — don't  you  know  it  ?  Look  at  this  Con- 
vention— where  are  the  ninety-nine  members 
who  met  here  last  spring,  and  the  large  num- 
ber that  met  at  Jefferson  City  ?  Now,  but 
little  more  than  half  the  body  are  here.  What 
has  become  of  the  rest  ? 

Mr.  OUR.  They  have  been  arrested  for  trea- 
son. 

Mr.  WRIGHT.  Then  why  don't  the  people 
insist  upon  sending  loyal  representatives.  I 
think,  however,  that  the  admission  of  almost 
every  candid  man  would  be  that  not  only  the 
representatives  but  the  constituents  are  traitors. 

Only  half  of  the  Convention,  I  have  said,  is 
here,  and  some  of  the  men  who  are  here — and 
I  say  it  with  all  due  respect — are  refugees  from 
their  constituents.  Here  is  this  body,  dwin- 
dled in  size,  called  upon  to  seize  hold  of  the 
power  and  wield  it  in  the  most  rigorous  and 
stringent  manner  possible.  Mr.  President  and 
gentlemen,  you  may  think  I  speak  boldly — I 
have  no  chance  to  write  or  publish  my  views — 
but  while  I  hold  a  place  on  this  floor,  so  help 
me  God,  I  will  speak  the  free  thoughts,  which 
I  would  not  surrender  for  a  throne!  [Ap- 
plause in  the  lobby.]  I  did  not  object  to  ap- 
plause on  the  other  side,  but  I  trust  there  will 
be  no  such  indications  while  I  speak. 

Vice  President  WELCH  in  the  chair.  The 
Sergeant-at-Arms  will  clear  the  lobby  unless 
order  is  preserved.  I  can  have  no  cheering 
on  either  side. 

Mr.  WRIGHT.  Yes,  sir,  some  of  us,  as  I 
said,  are  refugees ;  and  some  may  say  that  I 
do  not  represent  my  own  constituents  ;  but  one 
thing  is  certain — I  have  never  fled  from  them. 
If  the  issue  can  be  raised  before  my  constitu- 
ents, whether  they  approve  or  condemn  my 
course,  and  the  military  power  will  permit  me 
to  speak  my  vindication,  I  can  be  sustained  by 
3,000  majority.  But  if  I  attempted  to  speak 
my  sentiments  I  should  be  put  in  the  negro 
yard  or  the  Arsenal.  If  they  can  suppress  a 
press  and  abolish  the  types  of  a  paper,  the 
views  of  which  are  antagonistic  to  their  own ; 
if  they  can  take  from  men  the  right  to  read 
what  they  choose,  and  will  not  permit  us  to 
discriminate  in  our  reading  as  to  the  right  and 
wrong,  but  will  permit  us  to  read  only  what 
the  military  men  may  think  wholesome,  why 
should  they  permit  me  to  speak  thoughts  they 


23 


do  not  think  wholesome  likewise?    Now,  don't 
you  suppose  that  I  am  a  secessionist,  or  that  I 
am  upholding  Jackson  in  this  war.     God  for- 
bid !     Nor  don't  you  suppose  that  I  think  Jack-  j 
son  can  take  this  State  out  of  the  Union,  or 
that  the  State  Legislature  or  that  the  Confede- 
rate Government  can.     I  defy  all  of  them  to  j 
do  any  such  thing.     Nothing  but  the  will  of  J 


the  people  of  the  State  can  bring  about  such  a 


catastrophe — for  it  would  be  a  catastrophe,  f 
Some  gentlemen  cannot  understand  my  course,  I 
and  say  that  my  patriotism  is  not  worth  any- 
thing. It  may  be  so ;  but  I  want  this  body  to 
consider  whether  or  not  the  measures  you  pro- 
pose are  going  to  allay  the  excitement  or  exas- 
perate it ;  I  want  you  to  reflect  what  will'  be 
the  result  of  your  action  upon  the  popular 
mind  of  your  State.  You  seem  already  to  have 
given  up  all  Federal  relations — although  we 
were  originally  called  specifically  to  pass  upon 
those  relations — seem'  to  have  lost  sight  of 
them,  and  are  directing  au  tne  energies  of  your 
minds,  doubtless  as  you  think  "wisely  as" 
honestly,  for  the  purpose  of  remedying  the 
evils  in  the  State.  Now,  I  want  you  to  con- 
sider whether  your  measures  are  calculated  to 
allay  the  excitement.  I  think  that  history  has 
spoken  uselessly,  indeed,  if  it  does  not  teach  us 
this  lesson,  that  the  life-blood  of  liberty  is  in 
the  supremo  and  uncontrolled  dominion  of  law. 
That  is  the  lesson  written  in  fire  and  blood 
through  the  histories  of  all  nations.  Since 
the  time  when  history  was  first  recorded, 
whenever  men  have  thought  great  thoughts, 
or  have  suffered  great  deaths,  in  behalf  of  a 
common  humanity  and  the  rights  of  men,  they 
have  sealed  with  their  blood  this  everlasting 
truth,  that  liberty  can  exist  only  under  the 
supreme  and  uncontrolled  dominion  of  law. 

Now,  let  us  see  what  is  our  condition ;  let 
us  sec  how  we  can  have  so  much  disloyalty  in 
the  State.  Is  there  one  man  in  this  house  to- 
day who  considers  himself  a  free  man  ?  If 
there  is  one,  I  am  glad ;  but,  so  help  me  God, 
I  do  not  consider  myself  a  free  man,  because  I 
am  deprived  of  those  rights  which  I  consider 
so  essential  to  liberty.  What  did  our  fathers 
make  the  Constitution  for  except  to  limit 
power  ?  Why  did  they  so  carefully  put  the 
weights  and  balances  into  that  instrument  ?  If 
they  had  wanted  a  despotism  to  arrest  men, 
they  would  have  had  it.  The  most  complex 
of  all  governments  is  a  government  of  liberty, 
because  it  must  be  a  government  to  restrain 
and  place  limits  upon  power.  Who  is  there  in 
this  land  that  can  rise  up  and  say,  "I  am 


above  the  Constitution  of  my  country  ?"  Yet 
men  do  so ;  for  is  it  not  the  truth  that  martial 
law,  in  an  unproclaimed  State — and  lawyers 
will  understand  what  I  mean  by  that — in  a 
State  which  no  proclamation  has  ever  reached 
— that  military  power  has  declared  the  univer- 
sal reign  of  martial  law  over  the  whole  coun- 
try ?  What  is  martial  law  ?  Is  it  not  beyond 
and  above  the  Constitution  ?  Is  it  not  supra — 
to  use  an  expression  of  my  distinguished  col- 
league, Judge  Gamble  ?  Does  not  every  man 
know  that  martial  law  overrides  the  Constitu- 
tion of  the  country,  and  places  your  liberty 
and  my  liberty  within  the  discretion  of  the 
soldiery  ?  Are  you  content  to  believe  the  peo- 
ple will  not  show  disaffection,  and  will  not  feel 
exasperated  when  it  is  given  out  that  martial 
law  reigns  over  one  million  and  a  half  of  peo- 
ple, and  that,  too,  by  the  simple  fiat  of  a  mili- 
tary satrap  in  this  valley  of  the  Mississippi  ? 
Is  it  not  his  edict,  or  ukase,  that  puts  us  all 
under  the  dominion  of  martial  law,  so  that  my 
liberty  and  yours  depends  this  day,  not  upon 
any  constitutional  guarantees,  but  upon  the 
wise  and  sound  discretion  of  a  soldier  ?  The 
people  of  this  State  can  see  that  condition  of 
things,  and  hence  trouble  arises  in  regard  to 
the  military  bill  of  1859.  That  bill  is  an  excel- 
lent bill.  I  have  a  right  1o  say  so,  because  it 
received  the  speedy  and  unqualified  approba- 
tion of  a  majority  of  this  body,  when  it  was 
much  more  fully  represented  than  now,  at 
Jefferson  City.  You  picked  it  out  and  put  it 
forward  as  the  great  panacea  for  our  ills.  I  do 
not  know  where  the  defect  lies.  It  has  not  been 
pointed  out  by  the  Governor.  He  says  the 
bill  is  inefficient ;  but  I  do  not  know  what  the 
specific  vice  of  the  bill  is.  It  may  be  in  the 
bill,  and  it  may  be  out  of  the  bill— it  may  be 
because  the  bill  is  defective,  and  it  may  be  be- 
cause the  subjects  upon  whom  the  bill  is  to 
operate  are  not  harmonic  with  the  purposes  for 
which  the  army  is  to  be  raised.  Do  you  think 
men  are  going  to  rally  spontaneously  and  help 
to  sustain  a  cause  that  prevents  a  man  from 
reading,  at  his  own  fireside,  what  he  thinks 
right  in  the  shape  of  a  paper  ?  For  have  we 
not  been  accustomed  from  birth — did  we  not 
learn  it  at  the  hearthstone — imbibe  it  with  our 
mother's  milk — to  the  right  to  speak,  read  and 
publish  what  we  chose  ?  Now,  the  farmer  in 
the  country  thinks  and  reads  what  he  chooses. 
God  Almighty  gave  him  the  power  to  discrimi- 
nate between  the  right  and  the  wrong,  and  the 
Constitution  of  the  country  does  not  change 
the  nature  of  man ;  but  our  Government  allows 


24 


a  man  to  think  evil  and  to  read  bad  doctrine, 
but  it  supposes  he  has  power  enough  to  dis- 
criminate between  the  right  and  the  wrong, 
and  moral  courage  enough  to  pursue  the  right 
and  banish  the  wrong.  And  yet  I  cannot  read 
a  paper  unless  a  military  officer  permits  me  to 
do  so.  It  does  not  hurt  him  to  read  it.  He 
can  read  false  doctrines  and  inhale  nothing  in- 
noxious from  them;  but  nobody  else  can. 
Will  you  draft  ?  I  do  not  know  how  it  will 
turn  out,  but  I  do  not  think  you  will  get  a  free 
people  to  exhibit  much  valor  on  the  battle- 
field, who  are  dragged  there  to  fight  in  such 
a  cause.  I  do  not  think  you  can  compel  men 
to  fight  for  such  a  cause ;  and  I  think  if  it  is 
done,  it  must  be  done  at  the  sacrifice  of  the 
essential  principles  of  American  liberty. 

Mr.  President,  I  hold  it  as  true  as  any  prin- 
ciple in  mathematics,  that  the  suppression  of 
one  paper  enslaves  all  the  rest  in  the  country, 
and  at  the  same  time  enslaves  all  the  readers, 
because  it  denies  to  them  the  right  of  selecting 
and  discriminating  what  they  would  read. 

We  have  had  martial  law  proclaimed  since 
we  sat  before,  and  its  promulgation,  it  was 
thought  by  those  who  established  it,  would 
help  the  election  which  this  Convention  pro- 
posed should  be  held  when  we  sat  last.  Mr. 
President,  I  trust  that  some  of  the  principles  of 
the  Constitution,  although  broken  down  every 
day,  and  nowhere  more  so  than  in  this  un- 
happy State,  yet  live  in  the  memory  of  the 
members  of  this  Convention;  and  one  of  those 
principles  is  that  of  the  freedom  of  the  press — 
that  it  shall  never  be  abridged  even  by  Con- 
gress. Why,  Jackson  himself,  when  he  estab- 
lished martial  law  at  New  Orleans,  and  took  a 
man  up  for  publishing  something  in  contra- 
vention of  martial  law,  had  him  brought  before 
a  .court  martial  composed  of  officers  of  the 
United  States,  found  that  court  declaring  they 
had  no  jurisdiction  to  try  a  civilian  under  the 
Constitution  of  the  United  States.  They  re 
fused  to  try  him  upon  the  charges  that  were 
made  against  him  except  one — that  was  being 
a  spy.  They  had  the  right  to  try  him  for  be- 
ing a  spy ;  and  he  was  tried  and  acquitted ; 
and  that  court  martial,  called  by  Jackson,  de- 
nied the  power  of  the  military  to  try  a  civilian 
for  any  offence.  Every  man,  unless  connected 
with  the  land  or  naval  service,  is  entitled  to  a 
trial  by  a  jury  of  his  countrymen,  to  have  a 
copy  of  his  indictment,  and  all  the  securities 
which  are  furnished  by  those  bulwarks  of  free- 
dom which  our  ancestors  in  England  battled 
for  two  hundred  years  ago.  Who  does  not 


know  that  martial  law  has  been  abolished  in 
England  ever  since  the  petition  in  the  time  of 
Charles  ?  And  do  you  suppose  you  are  going 
to  get  men  to  fight  by  revamping  an  old  mili- 
tary bill  on  principles  which  would  make  a  re- 
volution in  England  to-morrow?  What  do 
you  suppose  will  be  the  impression  made  when 
the  intelligence  gets  abroad  that  your  arsenal 
or  bastile  has  been  filled  with  men — such  men 
as  one  of  the  constituents  of  my  friend  from 
Pike,  (Mr.  Henderson,)  a  man  well  known  to 
you,  (and  I  cite  him  only  as  an  instance) — of 
men  taken  and  deprived  of  their  liberties  by 
being  placed  in  the  military  prisons,  and  there 
tried  for  their  lives — tried  before  a  tribunal 
that  claims  the  power  to  pass  upon  the  life  of 
an  American  citizen  ?  The  Arsenal  has  been 
filled  with  such  men — some  of  them  undoubted 
traitors  at  heart,  and  a  great  many  utterly  in- 
nocent—  sent  there  by  the  arbitrary  power 
which  this  military  condition  of  things  has  en- 
dangered in  the  State,  and  which  has  great 
power  to  do  evil.  The  gentleman  from  Clin- 
ton (Mr.  Birch)  knows  of  a  man  having  been 
arrested  by  the  troops  of  the  United  States  in 
his  own  county,  who  would  have  been  caged 
in  the  Arsenal  but  for  his  own  efforts  in  his 
behalf ;  and  that  the  arrest  of  this  gentleman 
depended  entirely  upon  the  discretion  of  the 
soldiers ;  and  that  so  far  as  they  were  con- 
cerned they  claimed  the  power  to  try  him, 
hang  him,  or  otherwise  dispose  of  him.  The 
constitution  of  the  United  States  says,  unless 
he  belongs  to  naval  or  land  force,  he  shall  not 
be  tried  except  by  a  jury  of  his  countrymen; 
yet  these  gentlemen  down  there  at  the  bastile, 
assume  jurisdiction  over  your  life  and  my  life ! 
Have  we  forgotten  the  Declaration  of  Indepen- 
dence 1 — how  it  "thundered  against  martial  law, 
and  established  the  plain  principles  of  justice 
which  lie  at  the  foundation  of  liberty  in  this  land 
— have  you  forgotten  how  the  State  Constitu- 
tion and  the  Bill  of  Eights  thundered  against  it  ? 
— and  yet  with  the  reign  of  martial  law  in  this 
State,  you  think  you  are  going  to  get  soldiers 
to  fight  your  battles,  and  that  you  will  eventu- 
ally get  repose.  Rest  assured  you  will  get 
nothing  of  the  kind.  You  will  never  get  re- 
posed in  this  State,  and  I  am  almost  prompte 
to  say  there  ought  not  to  be  repose  in  this 
State ;  for  if  there  were,  it  would  be  the  dead 
silence  of  despotism ;  the  smooth  surface  of 
society,  stagnant  as  the  Dead  Sea,  and  rip- 
pling with  no  free  human  thought.  There 
never  will  be  repose  until  you  give  the  peo- 
ple solemn  guarantees  that  you  are  wedded 


25 


to  liberty.  They  have  loved  this  Union,  and 
it  is  almost  priceless.  There  is  only  one  thing 
more,  and  that  is  the  liberty  intended  to  be 
preserved  by  it.  But  you  must  satisfy  the 
people  of  the  State,  before  they  will  aeeord  any 
deference  to  your  action  in  raising  soldiers, 
that  you  yourselves  are  free  men,  and  that 
their  rights  shall  not  be  trampled  upon  by  any 
power  that  overrides  the  Constitution  of  the 
country.  "Who  knows  what  martial  law  is  *? 
Do  you,  Mr.  President,  or  I  ?  Sir,  how  can  I 
conform  to  a  law  that  has  never  been  published, 
but  is  locked  up  in  the  discretion  of  the  sol- 
dier's heart  ?  We  go  upon  the  idea  that  we 
must  publish  our  laws ;  and  we  do  not  make 
men  responsible  until  the  laws  are  published. 
"We  all  denounce — every  schoolboy,  even — that 
Roman  tyrant  who  published  his  laws  in  fine 
letters  upon  one  of  the  pillars  of  the  temple,  so 
that  the  ordinary  eye  could  not  read  them,  and 
then  punished  men  for  violating  those  laws. 
How  do  I  know  what  martial  law  is  ?  Judges 
in  England,  one  hundred  and  fifty  years  ago, 
said  they  did  not  know  what  it  meant ;  and 
are  you  willing  the  people  of  this  State  shall 
believe  you  are  content  to  aid  and  encourage  a 
state  of  things  in  which  we  are  to  be  delivered 
over  to  a  law  higher  than  the  State  ;  and  writ- 
ten upon  no  statute  book  in  the  world,  but 
locked  up  in  the  breast  of  a  man  who  wears  a 
uniform  and  claims  to  fight  under  the  stars  and 
stripes  ?  But  how  many  troops  have  been 
raised  ?  I  have  heard  gentlemen  living  in 
North  Missouri  say  that  in  their  section  of  the 
country  gold  and  ambition  have  to  be  offered 
(and  even  the  double  temptation  is  disregard- 
ed) to  get  men  to  enlist.  They  are  offered 
gold — United  States  gold — and  the  paths  of 
military  promotion  are  laid  open  to  them, 
and  even  under  these  circumstances  it  is 
hard  to  drum  up  a  regiment  j  and  yet  in 
that  same  section  of  country  you  will  see 
men  start  from  their  homes  and  take  their 
rifles  or  shot-guns,  each  upon  his  own  horse, 
and  go  away  across  the  Missouri  river.  They 
do  not  expect  ever  to  have  a  cent  paid  to  them 
— they  do  not  ask  it.  What  is  the  reason  these 
men  do  this  ?  They  are  all  lovers  of  liberty. 
We  know  that  they  cannot  be  particularly  at- 
tached to  Governor  Jackson  ;  there  is  no  mag- 
netism in  his  character,  or  magnitude  in  his 
mind.  He  is  no  military  hero  or  champion  of 
any  sort,  I  know ;  and  yet  men  go  there  to 
him  without  the  temptation  of  pay,  while  you 
find  it  difficult  to  enlist  troops  for  the  United 
States  even  with  the  double  temptation  of  gold 


and  military  promotion.  There  must  be  a 
cause,  and  as  I  read  it,  it  is  that  wide-spread 
and  almost  universal  conviction  which  prevails 
over  this  whole  land,  that  the  Administration 
itself  is  at  war  with  the  principles  of  civil  lib- 
erty. You  can  account  for  it  in  no  other  way. 
I  deny  your  power. 

I  will  not  argue  the  subject  any  more  ;  be- 
cause I  exhausted  it  as  far  as  I  could  at  our 
last  meeting,  but  I  am  furnishing  these  as  con- 
siderations why  you  should  not  attempt  to 
carry  out  the  plans  you  propose.  Among  a 
free  people,  all  measures  of  a  stringent  charac- 
ter are  irritant  causes,  and  a  free  people  espe- 
cially are  alive  to  susceptibility.  Their  natures 
are  sensitive ;  and  it  ought  to  be  so — for  if  not 
so,  freedom  would  not  be  valuable.  A  free 
people  cannot  bear  any  restriction  of  their 
rights,  and  especially  their  constitutional 
rights  ;  and  then  add  to  this,  that  liberty  is 
with  us  an  inheritance,  the  richest  heirloom 
that  ever  descended  from  sire  to  son — and 
you  see  how  difficult  must  be  the  work  of 
imposing  restrictions  upon  a  free  people  here. 
I  object  to  all  these  restrictive  measures, 
not  only  because  they  are  unconstitutional — 
that  is  enough,  God  knows,  to  condemn  them — 
and  I  say  they  are  not  only  criminal,  but,  tak- 
ing up  the  ethical  philosophy  of  Walpole,  I  say 
they  are  worse  than  criminal — they  are  a  blun- 
der. All  these  restrictive  measures  —  test 
oaths  —  the  declaration  of  martial  law  — the 
suspension  of  the  habeas  corpus — the  law  defy- 
ing the  courts  of  the  country — all  these  meas- 
ures are  measures  of  weakness  and  not  of 
strength.  You  see  this  in  the  arrests  which 
have  been  made  upon  the  ground  of  necessity. 
I  have  shown  you  heretofore  that  necessity  can 
never  be  the  origin  of  power  in  a  free  govern- 
ment, and  that  if  you  get  the  power  from  ne- 
cessity, the  exercise  of  that  power  brings  you 
weakness  and  not  strength. 

I  wish  I  had  the  moral  weight  and  influence 
of  a  Webster  to  talk  to  this  Convention  about 
the  dangers  of  the  times,  the  true  source  of 
our  difficulties,  the  real  origin  of  our  ills,  and 
the  irritant  causes  that  must  forever  keep  us 
agitated  until  we  go  to  the  bottom  and  pluck 
the  cause  out.  This  usurpation  of  power  came 
from  the  Executive  power  of  the  Government. 
We  heard  one  of  the  sound  patriots  referred 
to  by  the  gentleman  from  Clinton  (Mr.  Birch), 
and  now  let  me  call  the  attention  of  the  Con 
vention  to  an  extract  from  a  speech  of  Web- 
ster. Every  line  of  it  should  be  written  in  gold 
and  stamped  upon  the  heart  of  every  man  in 


26 


America.  It  is  an  extract  from  Webster's 
speech  on  Jackson's  protest.  Let  us  see  what 
a  patriot  thought  of  necessity,  and  how  he 
frowned  down  any  infringement  upon  the  Con- 
stitution of  his  country,  however  small,  and 
that,  too,  at  a  time  when  there  was  no  war,  no 
distracted  land,  torn  in  pieces — nothing  but 
mere  abstract  things  included  in  State  papers. 
Let  us  see  what  he  deemed  it  necessary  for  the 
patriot  to  do  even  when  there  was  scarcely  a 
ripple  upon  the  surface  of  the  Republic — when 
nobody  thought  of  dissolving  the  Republic  : 

"  The  first  object  of  a  free  people  is  the  pre- 
servation of  their  liberty ;  and  liberty  is  only 
to  be  maintained  by  constitutional  restraints 
and  just  divisions  of  political  power.  Noth- 
ing is  more  deceptive  or  more  dangerous  than 
the  pretense  of  a  desire  to  simplify  govern- 
ment. The  simplest  governments  are  despot- 
isms ;  the'  next  simplest  limited  monarchies ; 
but  all  republics,  all  governments  of  law 
must  impose  numerous  restraints  and  limita- 
tions of  authority.  They  must  be  subject  to 
rule  and  regulation.  This  is  the  very  essence 
of  free  political  institutions.  The  spirit  of  lib- 
erty is,  indeed,  a  bold  and  fearless  spirit ;  but 
it  is  also  a  sharp-sighted  spirit.  It  is  a  cau- 
tious, sagacious,  far-seeing  intelligence.  It  is 
jealoiis  of  encroachment,  jealous  of  power, 
jealous  of  man.  It  demands  checks;  it  seeks 
for  guards ;  it  insists  on  securities ;  it  intrench- 
es itself  behind  defenses,  and  fortifies  with  all 
possible  care  against  the  assaults  of  ambition 
and  passion.  It  does  not  trust  the  amiable 
weaknesses  of  human  nature  ;  and,  therefore, 
will  not  permit  power  to  overstep  its  prescribed  lim- 
its, though  benevolence,  good  intent,  and  patriotic 
intent  come  along  with  it.  It  seeks  for  duration 
and  permanence.  It  looks  back  and  before ; 
and,  building  on  the  experience  of  ages  which 
are  past,  it  labors  diligently  for  the  benefit  of 
ages  that  are  to  come.  This  is  the  nature  of 
constitutional  liberty ;  THIS  is  OUR  LIBERTY.  A 
separation  of  departments,  and  the  preserva- 
tion of  the  lines  of  division  between  them,  is 
the  fundamental  idea  in  the  creation  of  all  our 
Constitutions  ;  and  doubtless,  the  continuance 
of  regulated  liberty  depends  on  the  maintenance 
of  these  boundaries. 

"There  is  a  strong  disposition  running 
through  the  whole  protest  to  represent  the  Ex- 
ecutive as  the  peculiar  protector  of  public  lib- 
erty— the  chief  security  on  which  the  people 
are  to  rely  against  the  encroachments  of  other 
branches  of  the  Government.  To  this  end  the 
protest  spreads  and  dwells  upon  the  President's 


official  oath.  Would  the  writer  of  the  protest 
argue  that  (he  oath  itself  is  any  grant  of  pow- 
er ;  or  that  because  the  President  is  to  pre- 
serve, protect  and  defend  the  Constitution,  he 
is,  therefore,  to  use  what  means  he  pleases,  or 
any  means  for  such  preservation,  protection 
and  defense,  except  those  which  the  Constitu- 
tion and  laws  have  specially  given  him  ?  Such 
an  argument  would  be  preposterous ;  but  if  the 
oath  be  not  cited  for  this  preposterous  purpose, 
with  what  design  is  it  thus  displayed  unless  it 
be  to  support  the  idea  that  the  maintenance  of 
the  Constitution  and  the  preservation  of  the 
public  liberties  are  especially  confided  to  the 
safe  discretion,  the  true  moderation,  the  pater- 
nal guardianship  of  the  Executive  power  ? 

"  The  proposition  is  that  the  duty  of  defend- 
ing the  Constitution  against  the  representatives 
of  the  States  and  the  representatives  of  the 
people  results  to  him  from  the  nature  of  his 
office,  and  that  the  founders  of  our  Republic 
have  given  to  this  duty  peculiar  solemnity  and 
force. 

"  Mr.  President,  the  contest  for  ages  has  been  to 
rescue  liberty  from  the  grasp  of  Executive  power. 
Whoever  has  engaged  in  her  sacred  cause, 
from  the  days  of  the  downfall  of  those  great 
aristocracies  which  stood  between  king  and 
people  to  the  time  of  our  own  independence, 
has  struggled  for  the  accomplishment  of  that 
single  object.  On  the  long  list  of  the  cham- 
pions of  human  freedom  there  is  not  one  name 
dimmed  by  the  reproach  of  advocating  the  ex- 
tension of  Executive  authority.  On  the  con- 
trary, the  uniform  and  steady  purpose  of  all 
such  champions  has  been  to  limit  and  restrain 
it.  To  this  end  all  that  could  be  gained  from 
the  imprudence,  snatched  from  the  weakness, 
or  wrung  from  the  necessities  of  crowned 
heads,  has  been  carefully  gathered  up,  secured, 
and  hoarded  as  the  rich  treasures,  the  very 
jewels  of  liberty.  To  this  end  popular  and 
representative  right  has  kept  up  its  warfare 
against  prerogative  with  various  success ; 
sometimes  writing  the  history  of  a  whole  age 
with  blood — sometimes  witnessing  the  martyr- 
dom of  Sydneys  and  Russells— often  baffled 
and  repulsed,  but  still  gaining,  on  the  whole, 
and  holding  what  it  gained  with  a  grasp  that 
nothing  but  its  own  extinction  could  compel  it 
to  relinquish. 

"  Through  all  this  history  of  the  contest  for 
liberty,  Executive  power  has  been  regarded  as 
a  lion  that  must  be  caged.  So  far  from  being 
the  object  of  enlightened  popular  trust— so  far 
from  being  considered  the  natural  protection 


27 


of  popular  rights — it  has  been  dreaded  as  the 
great  object  of  danger. 

"  Who  is  he  so  ignorant  of  the  history  of 
liberty  at  home  and  abroad— who  is  he  from 
whose  bosom  all  infusion  of  American  spirit 
has  been  so  entirely  evaporated — as  to  put  into 
the  mouth  of  the  President  the  doctrine  that 
the  defence  of  liberty  naturally  results  to  Ex- 
ecutive power,  and  is  its  peculiar  duty  ?  Who 
is  he  that  is  generous  and  confiding  towards 
power  where  it  is  most  dangerous,  and  jealous 
only  of  those  who  can  restrain  it  ?  Who  is  he 
that,  reversing  the  order  of  State  and  upheav- 
ing the  base,  would  poise  the  pyramid  of  the 
political  system  upon  its  apex  ?  Who  is  he 
that  declares  to  us,  through  the  President's 
lips,  that  the  security  for  freedom  rests  in  Ex- 
ecutive authority  '?  Who  is  he  that  belies  the 
blood  and  libels  the  fame  of  his  ancestry  by 
declaring  that  they,  with  solemnity  of  form 
and  force  of  manner,  have  invoked  the  Execu- 
tive power  to  come  to  the  protection  of  liber- 
ty ?  Who  is  he  that  thus  charges  them  with 
the  insanity  or  recklessness  of  thus  putting  the 
lamb  beneath  the  lion's  paw  ?  No,  sir — no 
sir.  Oar  security  is  in  our  watchfulness  of  Exec- 
utive power.  It  was  the  constitution  of  this  de- 
partment which  was  infinitely  the  most  diffi- 
cult part  in  t'.ie  great  work  of  creating  our 
Government.  To  give  the  Executive  such 
power  as  should  make  it  useful,  and  yet  not 
dangerous — efficient,  independent,  strong,  and 
yet  prevent  it  from  sweeping  away  everything 
by  its  military  and  civil  power,  by  the  influ- 
ence of  patronage  and  favor — this,  indeed,  was 
difficult.  They  who  had  the  work  to  do  saw 
this  difficulty,  and  we  see  it.  If  we  would 
maintain  our  system,  we  shall  act  wisely  by 
preserving  every  restraint,  every  guard  the 
Constitution  has  provided.  When  we  and 
those  who  come  after  have  done  all  that  we 
can  do,  and  all  that  they  can  do,  it  will  be  well 
for  us  and  for  them  if  the  Executive,  by  the 
power  of  patronage  and  party,  shall  not  prove 
an  overmatch  for  all  other  branches  of  the 
Government. 

"  I  will  not  acquiesce  in  the  i  eversal  of  all 
just  ideas  of  government.  I  will  not  degrade 
the  character  of  popular  representation.  I 
will  not  blindly  confide  where  all  experience 
admonishes  to  be  jealous.  I  will  not  trust  Ex- 
ecutive power,  vested  in  a  single  magistrate,  to  keep 
the  vigils  of  liberty. 

"Encroachment  must  be  resisted  at  every 
step.  Whether  the  consequences  be  prejudi- 
cial or  not,  if  there  be  an  illegal  exercise  of 


power  it  must  be  resisted  in  the  proper  man- 
ner. We  are  not  to  wait  till  great  mischief 
come — till  the  Government  is  overthrown,  or 
liberty  itself  put  in  extreme  jeopardy. 

"We  should  not  be  worthy  sons  of  our 
fathers  were  we  so  to  regard  questions  affect- 
ing freedom.  They  accomplished  the  Revolu- 
tion on  a  strict  question  of  principle.  They 
took  up  arms  against  the  preamble  of  an  act. 
They  saw  in  the  claim  of  the  British  Parlia- 
ment a  seminal  principle  of  mischief,  the  germ 
of  unjust  power,  which  they  struck  at  till  they 
destroyed  it.  On  this  question  of  principle, 
while  actual  suffering  was  yet  afar  off,  they 
raised  their  flag  against  a  power  to  which 
Rome  in  her  glory  is  not  to  be  compared — a 
power  which  has  dotted  the  surface  of  the 
whole  earth  with  her  military  posts — whose 
morning-drum  beat,  following  the  sun  and 
keeping  company  with  the  hours,  circles  the 
earth  daily  with  one  continuous,  unbroken 
strain  of  the  martial  airs  of  England." 
4  "  Encroachments  must  be  resisted  at  every 
step."  "  Oh,  no !"  say  the  patriots  of  the 
present  time.  "When  the  fathers  said  so, 
they  were  mistaken."  "Eternal  vigilance  is 
the  price  of  liberty,"  echoed  the  "  grand  mas- 
ters of  the  Revolution ;''  but  the  patriots  of 
the  hour  cry  "  supineness"  instead.  "  A  tem- 
porary supineness  is  just  now  upon  the  Con* 
stitution,  but  by-and-by  we  will  set  it  up  all 
right!"  Setting  up  the  Constitution  will  be 
like  setting  up  a  broken  reputation ;  it  is  like 
some  other  things — when  once  degraded,  lost 
forever.  When  the  people  of  America  accus- 
tom themselves  to  look  upon  a  violated  and 
broken  Constitution,  especially  when  broken 
and  violated  from  the  most  dangerous  source 
of  the  Government,  the  Executive,  all  liberty 
is  gone.  I  do  not  consider  myself  a  freeman 
to-day  —  I  do  not  know  but  that  this  very 
speech  will  be  considered  treason.  Speaking 
in  the  spirit  of  the  words  of  one  of  the  great- 
est patriots  that  ever  lived,  I  should  not  deem, 
it  at  all  surprising  if  it  were  esteemed  prudent 
that  I  should  occupy  a  limited  territory  of 
about  ten  acres  of  ground  enclosed  in  the  lower 
part  of  this  city.  Let  it  be  so.  But  while  I 
do  live,  I  will  uphold  those  principles  without 
which  a  government  is  worthless.  Gentlemen 
say  the  Government  does  not  hurt  me.  I  say 
it  does.  I  want  to  read,  and  I  want  to  go  be- 
fore my  people  and  make  speeches  ;  yet  only  a 
certain  few  are  permitted  to  speak — a  certain 
few  can  speak.  The  distinguished  Ex-Gover- 
nor of  the  State  can  speak  freely  to  our  Irish 


28 


fellow-citizens.  I  was  amused  one  day  at  the 
novelty  of  a  meeting  at  Biddle  Market,  where 
distinguished  civilians  poured  forth  their 
streams  of  eloquence  into  the  Irish  heart ;  yet 
they  were  not  impressed,  and  it  was  not  at  all 
strange.  They  do  not  like  the  idea  of  crush- 
ing out  liberty  ;  and  hence  you  can  not  raise 
an  Irish  regiment.  And  another  reason  is, 
because  they  think  you  have  not  spoken  out 
freely  against  the  usurpation  of  power  in  this 
land.  A  gentleman  told  me  that  Government 
did  not  hurt  me,  and  that  keeping  me  from 
reading  what  I  chose  was  for  my  benefit.  I 
replied  that  there  is  no  servile  serf  who  bends 
his  knees  before  the  Autocrat  of  Russia — no 
slave  at  the  throne  of  the  infamous  Boniba  of 
Naples — no  one  to  be  found  in  the  purlieus  of 
the  great  despotic  seats  of  power  in  Europe — 
who  can  not  say  the  same  thing.  A  despotism 
never  hurts  favorites.  A  despotic  government 
is  the  simplest  and  best,  provided  the  despot 
be  wise,  and  good,  and  great ;  but  there  is  a 
little  uncertainty  about  getting  a  good  despot 
— and  because  we  were  not  sure  of  getting  a 
good  one,  our  fathers  said  we  should  have 
none  at  all. 

I  see  the  blood  of  my  distinguished  friend 
from  Clinton  is  up,  and  that  he  will  fight  when 
it  is  necessary.  I  might  fight  when  it  comes 
to  revolution ;  but  until  I  get  in  a  fighting 
mood,  I  shall  practice  the  system  of  protest- 
ing, and  I  shall  get  as  many  to  protest  as  pos- 
sible, especially  of  the  members  of  this  Con- 
vention. 

You  talk  about  your  power,  hut  is  not  the 
satrap  above  you  to-day?  Suppose  you  try  to 
pass  a  secession  ordinance  —  don't  you  think 
you  would  go  into  the  Arsenal?  Suppose  you 
indulge  in  criticism  upon  the  "powers  that  be" 
— don't  you  think  it  would  involve  you  in  some 
peril?  Why,  according  to  the  idea  of  the  pres- 
ent time,  Madison  ought  to  have  suppressed 
every  paper  in  his  time — and  there  was  hardly 
one  that  did  not  denounce  him  in  New  Eng- 
land :  he  ought  to  have  caged  every  editor 
and  sent  him  to  the  bastile,  and  kept  him  there 
till  the  war  was  over.  But  Madison  was  not 
only  a  patriot,  but  a  great  deal  more.  He 
helped  to  make  the  Constitution  of  the  coun- 
try;  he  knew  how  it  was  made — every  timber, 
beam  and  foundation-stone  about  it;  and  he 
knew  that  when  he  gave  men  the  right  to  speak 
they  might  speak  foolishly  and  wickedly  ;  that 
so  soon  as  he  gave  them  the  power  to  read  and 
write,  they  might  abuse  it.  But  never  mind; 
as  a  man  could  not  exist  as  a  free  agent  with- 


out the  privilege  of  going  to  hell  if  he  chose, 
so  a  man  could  not  have  a  free  press  unless  he 
had  the  right  to  publish  foolishly.  But  in 
these  times,  we  have  a  power  to  discriminate 
what  we  shall  read;  and  if  we  offend  that 
power,  we  are  liable  to  be  tried  by  court  mar- 
tial. Martial  law  makes  a  Dictator.  Are  you 
willing  to  live  under  a  Dictator?  If  you  are, 
I  am  not.  Go  back  to  the  Revolution,  and 
who  was  the  man  in  the  old  House  of  Burges- 
ses, when  some  man,  moved  by  the  disastrous 
condition  of  the  country,  (orn  asunder  by  To- 
ries and  Whigs,  and  who  wanted  the  power  on 
the  side  of  the  Whigs,  proposed  that  Patrick 
Henry  should  be  made  Dictator  ?  Was  it  not 
Corbin,  who  was  a  warm  personal  friend  of 
Henry,  who  squelched  that  matter  instantly  by 
a  rebuke,  when  he  said,  "Whenever  you  put  a 
Dictator's  crown  on  the  brow  of  my  friend 
Henry,  I  will  plant  a  republican  dagger  in  his 
heart.3' 

Now,  we  must  have  a  Dictator,  and  be  just 
as  still  as  mice  when  cats  are  about,  fearing 
one  of  those  feline  paws  will  be  laid  upon  us 
with  a  claw  in  the  end  of  it.  Is  that  the  spirit 
of  American  freedom?  I  say,  with  Walpole, 
"this  is  worse  than  criminal — it  is  a  blunder  !J> 
All  such  things  chafe  and  gall  the  American 
heart,  and  you  can  awaken  no  enthusiasm  in 
the  human  breast  to  fight  under  such  circum- 
stances ;  and  I  do  not  think  they  ought  to  fight 
at  all,  except  for  liberty.  If  the  Union  gives 
liberty— fight  for  that,  or  die  for  it.  If  the 
Union  will  not  give  it,  fight  for  liberty  any- 
how. But  the  Union  should  not  be  confound- 
ed with  liberty  itself.  I  regard  the  Union  with 
veneration,  because  I  consider  it  an  instrument 
of  liberty.  I  mean  to  say  that  the  Union  with- 
out the  principles  which  give  it  life,  instead  of 
being  a  blessing  to  freemen,  would  only  drive 
us,  by  inevitable  destiny,  into  a  military  des- 
potism. 

Now,  a  few  words  in  reference  to  the  distin- 
guished delegate's  allusion  to  Clay  of  Ken- 
tucky. I  remember  well  the  occasion  upon 
which  he  uttered  the  words  of  that  extract ; 
but  the  gentleman  from  Clinton  did  not  furnish 
the  conditions  under  which  he  spoke  on  that 
oecasion.  The  war  with  Mexico  left  us  with 
a  military  occupation  on  the  Rio  Grande,  and 
during  the  occupation  of  that  Territory  the 
Governor  of  Texas  indicated  that  he  would 
take  possession  of  the  country  occupied  by  the 
troops,  because  he  claimed  it  was  in  (he  boun- 
dary of  the  State  of  Texas.  The  Representa- 
tives of  Texas  on  the  floor  of  the  Senate  utter- 


29 


ed  similar  views,  and  it  was  a  case  in  which 
the  Government  of  the  United  States  was  right 
and  the  State  wrong;  and  when  gentlemen 
mouthed  it  and  blustered,  and  declared  it  was 
an  unlawful  exercise  of  power,  and  the  State 
would  redress  itself,  Clay  said  he  was  for  try- 
ing the  strength  of  the  Government.  He  was 
right.  But  does  not  the  distinguished  gentle- 
man from  Clinton  do  the  immortal  Clay  injus- 
tice if  he  means  to  impute  to  that  noble  spirit 
any  disposition,  at  any  period  of  his  life,  to 
wink  at  the  encroachments  upon  the  Constitu- 
tion of  the  country  ? 

A*  this  point  Mr.  Wright  gave  way  to  a  mo- 
tion to  adjourn  to  3  o'clock  p.  M. 


AFTERNOON    SESSION. 

Met  at  3  p.  M. 

Mr.  MEYER  offered  a  bill  repealing  the  act 
passed  by  the  last  General  Assembly  which 
establishes  a  uniform  mode  of  publishing  sales 
under  execution.  Referred  to  the  Committee 
on  Civil  Officers. 

Mr.  WRIGHT.  At  the  hour  of  adjournment 
I  was  about  to  speak  of  my  concurrence  in  the 
second  proposition  contained  in  the  resolutions 
offered  by  the  gentleman  from  Clinton— that 
was  the  abrogation  of  all  useless  offices. 

The  third  proposition,  if  we  have  the  power, 
is  for  the  reduction  of  all  official  salaries.  By 
reason  of  the  present  condition  of  the  country, 
I  think  the  officers  ought  to  curtail  their  own 
emoluments.  It  would  be  an  evidence  of  pa- 
triotism for  them  to  do  so.  I  fear,  however, 
that  if  you  reduce  their  salaries,  you  will  have, 
after  the  war  is  over,  a  great  demand  for  gen- 
tlemen of  my  profession  to  settle  the  question 
as  to  whether  you  had  the  power. 

The  fourth  proposition  is  in  reference  to  the 
collection  of  debts  and  taxes.  Waiving  the 
question  of  power,  it  strikes  me  that  would  be 
a  good  thing.  I  believe  it  is  the  unanimous 
view  of  the  gentlemen  who  fill  our  benches 
that  there  can  no  longer  be  any  collection  of 
debts. 

The  fifth  proposition  is  that  the  sword  of  the 
State  shall  be  strengthened  by  the  credit  of  the 
State.  That  proposition  is  very  rhetorical  and 
perspicuously  stated.  The  ways  and  means  to 
accomplish  this  are  such  as  I  think  would  baf- 
fle the  ablest  financier  in  America.  I  have  a 
few  suggestions  to  make  on  that  subject.  If  I 
understand  the  proclamation  of  our  present 
Provisional  Governor,  the  design  is  to  raise  a 
State  army  in  contradistinction  to  the  Federal 


army.  I  suggest  to  the  members  of  this  Con- 
vention the  propriety  of  pausing  before  they 
proceed  to  organize  a  State  force.  Looking  at 
the  subject  financially,  where  are  the  means 
and  what  are  the  resources  by  which  Missouri 
can  maintain  that  double  taxation  which  will 
arise  from  her  paying  her  proportion  of  the 
expenses  of  the  war  conducted  by  the  General 
Government,  and  added  to  which  must  be  all 
that  accumulation  of  debt  arising  from  the  pay- 
ment of  the  State  forces.  Where  is  the  power 
that  can  perform  that  double  duty?  Are  any 
of  your  constituents  in  a  condition  to  be  over- 
loaded with  additional  accumulation  of  debt 
for  the  purpose  indicated?  This  State  already 
has  a  bonded  debt  of  near  $30,000,000  and 
how  does  the  credit  of  the  State  stand  in  the 
markets  of  the  world?  And  now  with  what 
propriety  can  you  go  before  your  constituents 
with  an  accumulation  of  debt  for  the  purpose 
of  raising  a  State  army  ?  The  only  thing  about 
it  is,  you  will  never  raise  a  State  army,  be- 
cause the  men  raised  will  go  into  the  United 
States  army.  I  think  you  may  well  pause  be- 
fore you  take  steps  in  this  direction. 

Another  proposition  is  that  the  loyalty  of  all 
officers  shall  be  secured  by  means  of  an  un- 
questionable guarantee.  The  distinguished 
gentleman  from  Clinton  supposes  I  would 
have  genius  enough  to  forge,  out  of  the  resour- 
ces of  my  mind,  an  oath  that  would  touch  each 
latent  secession  principle  lying  in  the  heart 
of  any  officer.  I  disclaim  any  such  gift  ;  and 
enter  my  protest  against  all  test  oaths  that  are 
not  in  accordance  with  the  Constitution  of  the 
United  States.  They  are  odious,  as  adminis- 
tered to  every  man  in  this  State,  under  the  Con- 
stitution of  our  State.  No  man  should  be  sworn 
to  support  the  "  Administration,"  nor  should 
he  be  sworn  to  support  the  <e  Government." 
The  Fathers  never  provided  for  such  oath; 
they  fettered  the  conscience  to  the  "  Constitu- 
tion." Government  is  a  word  loosely  and 
vaguely  used,  and  may  be  confounded  with  the 
actual  Administration.  Nor  should  a  man  be 
sworn  to  "  support  the  Constitution  and  the 
Government ;"  such  oath  is  a  meaningless  tau- 
tology, or  something  worse.  I  know  the  expe- 
rience of  the  day,  and  the  efforts  of  those  who 
disregard  the  doctrines  of  the  fathers  of  the 
Constitution.  They  suppose  they  can  get  up 
an  oath  of  more  efficacy  than  that  furnished 
by  our  fathers ;  yet  these  men  know  well  that 
an  oath  to  support  the  Government  of  the  Uni- 
ted States  might  be  an  oath  binding  them  to 
oppose  the  Constitution;  so  that  an  oath  to 


30 


support  the  Government  of  the  United  States 
and  the  Constitution  of  the  United  States  might 
involve  a  perfect  suicide;  th;it  fealty  to  the 
Constitution  might  carry  a  man  on  the  right 
hand,  and  fealty  to  the  Government  might  car- 
ry him  on  the  left  hand.  If  these  officers  are 
traitors,  no  oaths  you  can  administer*  to  them 
will  amount  to  anything,  morally  j  because 
they  may  say,  "  true,  I  have  sworn  to  support 
the  Constitution,  but  I  have  as  good  a  right  to 
break  it  as  the  Cabinet  at  Washington,  and  as 
the  men  who  are  going  all  through  the  country 
erecting  the  stupendous  and  colossal  statue  of 
martial  law,  rising  above  the  Constitution.  If 
this  can  be  done  by  the  authorities  at  Wash- 
ington, why  can  it  not  be  done  by  me  ?JJ  There 
would  be  no  moral  effect  in  such  an  oath.  I 
do  not  want  men  to  be  traitors.  I  would  to 
God  every  man  in  the  United  States  were  ral- 
lying around  that  flag,  so  long  as  it  represents 
the  object  for  which  it  was  created.  I  do 
not  cherish  that  flag  because  of  the  stars  — 
the  red,  white  and  blue, — but  because  of  the 
principles  which  it  has  represented.  Suppose 
I  saw  that  glorious  banner  floating  upon  the 
Kremlin  at  Moscow,  would  I  love  it?  If  I  saw 
it  enrolled  upon  some  capital  at  Vienna,  or  if 
it  floated  from  the  summit  of  Notre  Dame, 
would  it  awaken  any  emotion  in  me  as  a  free- 
born  American?  No  ;  because  each  of  those 
despotisms  represents  some  other  than  the  idea 
of  American  constitutional  liberty. 

I  do  not  want  men  to  be  traitors,  or  be  drag- 
ged  off  by  Jackson  or  the  Confederate  States 
into  disloyalty.  Whatever  men  may  think  of 
me,  I  can  vindicate  my  course  to  myself,  and 
I  stand  here  to-day  battling  for  those  princi- 
ples which  the  Constitution  guarantees  to  us 
all  ;  and  if  those  principles  are  wrecked,  there 
is.  universal  desolation  throughout  the  land  ; 
we  have  been  hugging  to  our  breasts  the 
shadow  of  liberty,  and  not  its  substance. 

The  gentleman  from  Clinton  has  declared  that 
this  war  is  not  waged  for  the  emancipation  of 
the  slave.  I  do  not  do  the  Administration 
injustice,  if  I  know  it.  I  trust  there  is  no  la- 
tent purpose  to  carry  on  this  war,  having  as  a 
direct  end,  or  an  incidental  result,  the  emanci- 
pation of  the  slave  ;  but  if  the  Administration 
are  clear  of  that  crime,  there  are  multitudes  of 
men  who  have  a  controlling  power  over  the 
Administration,  who  are  for  it.  I  was  glad  to 
see  the  reply  of  the  President  to  the  proclama- 
tion of  Fremont ;  but  what  are  the  terms  of 
that  reply  ?  Is  there  any  intimation  that  the 
proclamation  was  inconsistent  with  the  liber- 


ties of  the  country  ?  Not  at  all.  He  declares 
that  he  supposes  that  Fremont,  being  upon  the 
ground,  can  better  judge  of  the  affairs  than  he 
can  at  Washington  ;  but  that  it  would  be  bet- 
ter, in  reference  to  this  proclamation,  to  con- 
form to  the  act  of  Congress  on  the  subject  of 
confiscation.  That  is  all.  The^e  is  no  direct 
rebuke  of  this  military  satrap,  who,  without 
the  authority  of  the  Federal  Government, 
comes  to  our  shores,  and  proclaims  that  he  has 
the  power  to  emancipate  slaves,  and  has  eman- 
cipated two  slaves  belonging  to  a  citizen  of 
this  State.  Look  at  the  facts  in  our  own  city, 
(and  I  mention  it  with  mortified  pride,)  that 
the  only  presses  permitted  to  live  in  this  State, 
when  that  proclamation  came  out,  had  not  one 
whimper  against  it,  startling  as  it  was.  I  look- 
ed in  vain  in  the  Democrat  and  the  Republican 
to  find  a  syllable  of  censure  against  that  enor- 
mous act.  I  looked  over  the  papers  of  my 
State,  and  I  tried  to  find  somewhere  some  ex- 
pression denouncing  such  an  act ;  but  I  looked 
in  vain.  But,  thank  God,  there  was  a  man  in 
Kentucky  who  could  speak.  That  man,  Holt — 
whom  I  regard  as  a  patriot — said  if  this  proc- 
lamation was  to  be  the  law,  Kentucky  is  gone  ; 
our  people  will  not  stand  it;  for  the  institution 
of  slavery  is  among  them,  and  it  will  be  noth- 
ing more  than  a  confirmation  of  all  their  fears 
regarding  the  intentions  of  thi$  Republican  or- 
ganization, which  has  been  accidentally  lifted 
into  power.  The  independence  of  one  man 
spoke  to  the  Administration  and  procured  the 
eradication  of  that  odious  portion  of  the  proc- 
lamation, simply  because  he  would  not  exceed 
the  act  of  Congress,  as  if  that  principle  did  no^ 
lie  deeper  than  the  act  of  Congress.  Do  the 
people  of  Washington  suppose  the  people  of 
the  fifteen  slave  States  would  give  countenance 
for  a  moment  to  snch  a  revolutionary  principle 
as  is  involved  in  that  proclamation  ? 

The  measures  of  this  Convention — the  insti- 
tution of  the  Home  Guards,  the  illegal  assem- 
bling of  a  body  that  had  no  right  to  assemble 
at  all— are  bad  enough  in  themselves;  but  I 
beg  you  to  remember  that  there  is  no  more 
constitutional  power  in  the  Executive  of  the 
United  States  to  redress  a  wrong  committed 
by  one  citizen  ot'  the  State  of  Missouri  upon 
another  than  belongs  than  to  the  Emperor  Na- 
poleon or  the  Czar  of  Russia.  It  would  be  just 
as  right  for  the  gens  d'armes  of  Napoleon  to 
come  here  and  redress  wrongs  as  for  the  Fed- 
eral soldiers  to  do  so.  Why  is  this  ?  Because 
Missouri  regulates  her  own  affairs.  In  the 
language  of  the  report  of  the  Committee  made 


31 


at  Jetfcrson  city,  she  manages  her  police  and 
internal  affairs  in  her  own  way.  When  the 
President  of  the  United  States  declares  that 
the  driving  off  of  a  Union  man  by  secessionists 
is  an  outrage  and  takes  the  remedy  into  his  own 
hands,  I  deny  his  right  to  do  so.  Protection 
i?  in  the  State  judiciary,  and  not  in  the  milita- 
ry arm  of  the  Federal  Executive.  The  reme- 
dy is  by  indictment  and  by  a  civil  action.  The 
framers  of  the  Constitution  acted  upon  such  a 
principle,  and  the  General  Government  has  no 
right  to  interfere  and  organize  a  legal  tribunal. 
Who  could  not  foresee  that  the  moment  the  at- 
tempt at  unauthorized  interference  was  made, 
it  would  bring  on  civil  war  amongst  us?  I  ask  the 
gentleman  from  Clinton,  who  feels  satisfied  this 
war  is  not  waged  for  the  emancipation  of  the 
slave,  if  there  is  not  something  almost  equally 
as  important  as  the  emancipation  of  the  slave 
promulgated  by  this  Administration  ?  What 
is  this  system  of  slavery  but  allowing  a  man 
to  hold  property  in  the  negro,  and  have  a  do- 
minion over  him?  It  is  one  of  the  attributes 
of  a  free  man  by  which  he  can  hold  property. 
But  are  our  constitutional  rights  ended  when 
it  is  said  we  can  hold  negroes  lawfully  ?  I 
think  there  is  something  deeper  than  that. 

What  is  that  other  great  privilege?  —  the 
writ  of  habeas  corpus.  It  is  the  dearest  right 
that  belongs  to  a  freeman,  unless  it  is  that 
other  right,  to  think  and  speak  whatever  he 
pleases.  Lincoln  does  not  indorse  the  eman- 
cipation of  Snead's  slaves,  but  he  does  indorse 
a  defiance  of  the  Judiciary,  by  abolishing  the 
writ  of  habeas  corpus.  What  gave  such  migh- 
ty throes  to  the  French  Revolution  ?  I  know 
many  causes  contributed  to  it,  but  one  means 
was  that  Frenchmen  went  into  the  Bastile  and 
lay  there,  being  denied  the  opportunity  of  vin- 
dicating their  innocence.  We  have  got  a  Bas- 
tile in  this  country — one  in  the  bay  of  New 
York,  and  one  in  this  city,  where  men  are  im- 
prisoned, many  innocently.  The  officers  there 
in  charge  have  told  me  that  out  of  the  large 
number  of  men  sent  there,  they  find  the  most 
of  them  have  been  sent  there  through  malice. 
Look  at  Ferryman's  case,  in  which  a  mar<  was 
kept  for  five  or  six  weeks,  upon  the  idea  that 
his  name  was  spelt  with  a  B  instead  of  a  P. 
Look  at  the  case  of  Wells,  who  was  charged 
with  firing  into  a  train,  and  who  was  not  within 
thirty  miles  of  the  train,  and  had  not  seen  the 
cars  for  six  months ;  he  was  compelled  to  live  at 
the  Arsenal  week  after  week,  while  under  the 
idea  of  confiscation  many  greedy  men  looked 
at  his  property.  Gen.  McKinstry  told  me  a 


good  deal  of  truth  when  he  said  :.  "  In  these 
times,  sir,  men  imagine  a  great  deal  more  than 
they  see.  I  have  already  had  affidavits  sent  to 
Washington  that  I  was  a  secessionist ;  and  I 
know  that  the  idea  of  confiscation  may  sharp- 
en the  imagination  of  men  touching  the  con- 
duct of  a  wealthy  secessionist.'7  Now,  when 
Congress  takes  hold  of  the  writ  of  habeas  cor- 
pus, it  should  not  surrender  its  valuable  rights 
to  a  mere  soldiery;  yet  this  is  indorsed  by  the 
present  Administration,  and  is  a  greater  ill 
than  ten  thousand  wars  for  the  emancipation 
of  the  slave. 

In  reference  to  this  financial  question.  I  sup- 
pose my  respected  colleague  (Mr.  Hitchcock), 
in  offering  his  resolution  yesterday,  had  re- 
cently been  reading  Motley's  "  Dutch  Repub- 
lic." My  colleague  has  not  disclosed  whether 
he  means  to  use  confiscation  as  a  way  and 
means  of  finance,  or  as  a  mode  of  punishment, 
or  both.  Our  historian  says  of  the  Duke  of 
Alva,  infamous  for  tyranny  and  bigotry — for 
he  was  as  bigoted  as  an  abolitionist — that  he 
stands  out  alone  in  military  annals  as  the  only 
tyrannical  soldier  who  ever  made  confiscation 
a  scheme  for  revenue.  Why  will  not  the  gen- 
tleman from  Clinton  strike  for  higher  rights 
than  that  to  hold  slaves  ?  Why  not  oppose  the 
suspension  of  the  right  of  habeas  corpus? 
Why  not  protest  against  the  terrible  power, 
assumed  by  the  military,  to  try  civilians,  for 
life,  against  the  unequivocal  mandates  of  the 
constitution  of  the  United  States  ?  Why  not 
protest,  at  least,  against  the  successful  war 
waged  against  the  freedom  of  speech  and  of 
the  press?  Why  not  fling  the  weight  of  his 
voice  against  that  colossal  power  which  over- 
strides  the  charter  of  our  liberties — martial 
law?  The  distinguished  delegate  would  rise 
in  rebellion  against  a  war  of  emancipation,  but 
supinely  resigns  himself  to  weightier  encroach- 
ments ! 

In  my  judgment,  all  the  propositions  which 
have  been  brought  forward  will  prove  to  be  an 
irritant  rather  than  an  antidote.  I  know  it  is 
said  by  some  members  of  this  Convention — 
"  You  are  opposed  to  our  action,  and  you  will 
do  nothing  for  us  but  stand  and  snarl.  What 
would  you  have  us  do  ?"  I  answer,  in  the 
language  of  Clay:  "In  human  affairs,  when 
you  cannot  see  clearly  what  you  ought  to 
do,  it  is  the  highest  principle  of  wisdom  to 
do  nothing  at  all."  (Applause  in  the  lob- 
by.) If  called  to  the  bedside  of  a  patient 
prostrate  by  disease,  I  should  be  unable  to  de- 
tect the  nature  of  his  malady — however  much 


32 


I  might  deceive  the  patient  by  seeming  action — 
I  would  do  nothing  ;  I  would  wait  for  further 
developments,  and  trust  to  the  strength  of  na- 
ture.   If  the  symptoms  indicated  a  lack  of  ner- 
vous power,  which  might  be  the  result  of  la- 
tent inflammation  of  the  brain,  or  spring  from 
the  general  decay  of  vital  force,  I  would  not 
bleed ;  for  if  the  prostration  was  not  the  result 
of  secret  inflammation,  the  patient  would  die 
under  my  lancet.    So  in  national  affairs.  When 
we  cannot  see  what  we  ought  to  do  clearly,  it 
will  result  beneficially  if  we  do  nothing  at  all. 
I  object  to  your  measures,  first,  because  there 
is  a  want  of  power;   second,  because  I  see 
nothing,  as  I  think,  clearly,  though  I  may  be 
mistaken,  in  your  measures,  at  all  calculated 
to  allay  the  excitement  j  but,  on  the  contrary, 
to  gall  and  chafe.     I  believe  the  action  of  the 
Convention  will  make  men  more  disloyal.     I 
believe  it  would  be  the  best  thing  under  heaven 
if  we  would  adjourn  and  go  home.    This  body 
is  not  intended  to  be   a  permanent  body.     I 
know  that  we  have  abolished  the  Legislature, 
and  that  you  piled  necessity  upon  necessity ; 
but  is  it  not  better  to  stop  now,  even  though 
we  have  done  mischief,  than  to  attempt  to  mend 
the  matter  by  multiplying  error  upon  error?    I 
think  we  do  not  represent  the  will  of  the  peo- 
ple of  this  State  now.    All  your  measures  will 
only  irritate.  You  have  done  mischief  enough  j 
and  about  the  only  thing  you  can  do  now  is  to 
declare  that  you  will  perpetuate  yourselves  by 
filling  all  vacancies  that  may  arise  from  death 
or  resignation.   (Demonstration  in  the  lobby.) 
One  single  suggestion  more ;  and  that  you  not 
only  have  the  power  to  fill  vacancies,  but  the 
power  to  create  them,  and  better  fill  them,  if  you 
are  going  to  be  a  permanent  body  j  though  in  all 
probability  I  shall  leave  you,  and  doubtless 
with  your  consent — (a  voice,  "  certainly") — 
if  you  design  anything  of  the  sort.    I  merely 
recommend  these  things  to  you  in  the  spirit  of 
charity  and  brotherly  love. 

Mr.  BIRCH.  As  contrary  to  my  expectation, 
perhaps  in  misjudged  courtesy  to  myself,  no 
other  gentleman  seems  disposed  to  continue  the 
debate  this  afternoon,  I  yield  to  the  parlia- 
mentary necessity  which  devolves  upon  me  of 
replying  to  the  distinguished  gentleman  who 
has  just  resumed  his  seat.  It  must  be  apparent 
to  all  that  my  physical  condition  is  such  as  to 
excuse  me  from  much  elaboration,  even  if  I 
had  the  time  to  refer  at  length  to  such  authori- 
ties, political  and  historical,  as  it  might  be  well 
to  call  up  and  invoke,  were  a  reply  deemed 
necessary  to  that  greater  portion  of  the  dele- 


gate's remarks  which  respect  the  questions  of 
habeas  corpus  and  of  martial  law.  I  shall 
only  so  far,  however,  notice  those  great  ques- 
tions as  to  demonstrate  that  they  are  not  ne- 
cessarily involved  in  the  consideration  of  my 
resolution,  and  hence  not  germain  to  the  dis- 
cussion of  it. 

As  to  the  movement  apparent  in  the  galleries, 
whilst  I  regret  it,  I  am  not  surprised  at  it. 
There  are  citizens  all  over  the  State  who  have 
been  so  seduced  by  the  sophistries  of  one  set 
of  speakers,  and  so  fired  by  the  misrepresenta- 
tions of  another  class,  as  to  be  indisposed  to 
even  listen  to  the  more  staid  inculcations  of 
facts  and  reason.  I  am  hence  not  surprised  to 
find  that  there  are  even  in  St.  Louis  gentlemen 
who  think  they  "  know  it  all,"  and  who  are 
withdrawing  before  they  have  heard  even  half 
as  much  as  might  really  be  good  for  them.  For 
the  sake  of  the  State  and  themselves  I  could 
desire  that  it  were  otherwise,  but,  in  order  to 
afford  all  such  an  opportunity  to  retire  "  in 
order,"  and  permit  those  who  remain  to  hear 
what  I  may  see  fit  to  say,  I  will  make  the  ne- 
cessary pause. 

[After  quite  a  number  had  withdrawn  from 
the  galleries,  and  it  had  again  become  quiet, 
Mr.  BIRCH  proceeded  in  substance  as  fol- 
lows :] 

Taking  up  the  line  of  this  discussion  at  the 
point  where  it  was  concluded  by  the  delegate 
from  St.  Louis,  I  have  to  premise  that  so  much 
of  it  as  by  inuendo  or  otherwise  imputes  to  his 
co-delegates  the  purpose  or  desire  to  perpetu- 
ate their  existence,  or  to  create  and  fill  vacan- 
cies, will  remain  by  me  unanswered.  I  have 
declined  to  reply  to  it  when  proceeding  from 
the  unlicensed  ribaldry  of  the  hustings,  and  I 
shall  be  alike  self-respecting  here.  If  the  del- 
egate designed  it  alone  in  the  way  of  pleasant- 
ry, he  owes  it  to  himself  and  to  those  who 
stand  here  as  his  equals  to  say  so ;  but  if  he 
designed  it  as  a  text  from  which  secessionism 
is  to  preach  from  the  hustings,  (as  it  has  done,) 
I  design  no  other  reply  than  to  recur  him  to 
the  previous  portions  of  his  own  speech,  in 
which  he  speaks  of  many  of  us  as  being  exiles 
from  our  homes  and  our  families,  and  ask  him 
whether  it  was  either  accordant  with  reason 
or  with  justice  to  suppose  that  such  men  could 
desire  to  perpetuate  such  an  official  existence  1 
And  for  what,  Mr.  President  ?  For  a  compen- 
sation which  all  will  have  been  expended  here 
and  on  our  way  home — for,  of  course,  our  own 
compensation  must  go  down  in  the  same  pro- 
portion that  I  propose  in  respect  to  all  other 


33 


officers  and  servants  of  the  State.  All  I  have 
further  to  say  in  that  connection  is,  that  if  for 
.the  freedom  with  which  that  gentleman,  or 
any  other  who  is  here,  has  indulged  himself  in 
"high  debate'7  upon  the  condition  and  the  per- 
ils of  the  country — if  for  that  either  he  or  oth- 
ers, on  either  side,  are  in  any  sense  molested, 
whether  here  or  elsewhere,  (as  he  seems  to  fear 
he  will  be,)  it  will  be  a  great  outrage,  and 
should  be  resented  and  redressed  accordingly. 

The  allusion  of  the  distinguished  delegate  to 
the  counsel  of  the  Sage  of  Ashland,  like  his 
previous  reference  to  the  inculcations  of  Mr. 
Webster,  was  no  less  unjust  to  that  distinguish' 
ed  statesman  than  it  was  inapplicable  in  our 
present  condition.  Who  does  not  remember 
that  on  the  occasion  of  his  grand  public  recep- 
tion in  Baltimore,  during  the  great  and  exci- 
ting contest  of  1840,  (when  I  quitted  my  own 
party  and  acted  with  the  gentleman  and  his 
party,)  Mr.  Webster  excused  himself  for  ad- 
dressing them  on  the  Sunday  of  his  arrival  up- 
on the  ground  that  "  there  were  no  Sabbaths  in 
Revolutionary  times"?  Of  course,  it  is  not  ne- 
cessary to  discuss  the  mere  ethics  of  such  a 
sentiment,  and  I  hence  recall  it  as  a  simple 
and  sufficient  answer  to  all  he  has  read  from  a 
speech  of  the  same  illustrious  statesman,  hav- 
ing reference  to  periods  of  comparative  quiet. 
If  Mr.  Webster  would  not  scruple  in  the  midst 
of  the  great  civil  revolution  of  1840  to  disre- 
gard the  mere  letter  of  the  injunction  of  the 
Most  High,hovr  far  do  you  suppose  he  would 
be  restrained,  in  the  midst  of  this  revolution, 
in  stickling  for  the  simple  letter  of  man's  com- 
mandment— particularly,  if  he  believed  that  to 
adhere  to  the  letter  would  be  to  lose  the  sub' 
stance  ?  I  trust  my  friend  will  deem  himself 
sufficiently  answered  upon  this  point,  particu- 
larly as  I  might  have  foreborne  to  reply  upon 
it  at  all  on  the  score  of  its  almost  total  irrele- 
vancy, as  I  shall  forbear  upon  many  points  of 
his  elaborate  and  well-delivered  speech. 

Not  less  unfortunate  has  the  delegate  been 
in  his  reference  to  the  advice  of  Mr.  Clay. 
Does  any  one  suppose  —  does  the  gentleman 
himself  suppose  —  dare  he  suppose  that  the  il- 
lustrious author  of  the  extract  which  was  in- 
corporated in  my  remarks  of  yesterday,  would 
permit  him,  for  an  instant,  (were  he  present  to 
rebuke  him,)  to  quote  him  as  authority  for 
"  doing  nothing"  in  a  crisis  like  the  present. 
Even  the  suggestion  of  a  possibility  of  such 
recreancy  on  the  part  of  Henry  Clay,  deserves 
the  reprehension  of  every  true  friend  to  his 
memory  and  his  fame.  Yet  the  delegate  re- 
3 


calls  and  misapplies  the  terse  counsel  of  that 
ardent  and  patriotic  American  to  induce  us  to 
"  do  nothing  at  all"  at  a  moment  when  our 
State  is  overrun  by  forty  thousand  armed  se- 
cessionists, under  whose  lawlessness  one-half 
of  it  has  been  covered  with  almost  barbaric 
desolation,  and  before  whose  demoniac  thirst 
for  the  blood  of  those  who  most  prominently 
oppose  them,  many  of  the  members  upon  this 
floor  have  had  to  fly  into  other  localities  or 
other  States.     It  is  in  circumstances  such  as 
these  that  the  distinguished  delegate  from  the 
comparatively  quiet  city  of  St.  Louis  would  do 
"nothing  at  all:> — leaving  secessionism  to  its 
sway,  and  those  who  resist  it  to  its  fury !     It 
is  in  this  manner  that  the  delegate  would  let 
secessionism  "  alone  "  (all  it  has  ever  asked 
for)— and  let  it  work  out  its  lawless  purposes, 
to  the  ruin  of  "all  our  material  interests,"  and 
(I  read,  on  yesterday)  unless  we  will  cravenly 
permit  the  restoration  of  a  Government  and  a 
Governor  which  even  the  delegate  himself  es- 
says in  no  respect  to  defend.     To  my  mind, 
Mr.  President,  the  radical  difference  between 
my  distinguished  friend  and  myself,  in  this  re- 
gard, is  but  the  difference  between  a  man  who, 
with  all  its  errors  of  administration,  is  still  a 
friend  to  the  Government  and  the  Union,  and  a 
man  who  is  the  real  enemy  of  both.     [Great 
applause.]     So  far  from  doing  "nothing"  in  a 
crisis  like  the  present,  I  would  do  everything 
that  promised  even  a  hope  of  restoring  the  qui- 
et of  the  State  or  the  better  security  of  its  loyal 
and  law-abiding  citizens.     It  is  hence  that  I 
propose  to  improve  the  condition  of  our  Trea- 
sury, by  lopping  off  such  officers  as  are  com- 
paratively useless,  and  reducing  the  compen- 
sation to  all  others.     It  is  thereby  that  I  would 
improve  its  credit,  and  pledge  it,  in  conjunction 
with  that  of  the  Federal  Government,  where- 
with to  feed  and  clothe  and  pay  the  brave  and 
loyal  men  who  have  flocked,  and  are  yet  flock- 
ing, to  its  standard ;  and  I  would  not  stop  in 
such  a  cause,  and  for  such  a  purpose,  until  (if 
necessary)  I  had  placed  an  American  musket 
in  the  hands  of  every  American  citizen  who 
was  able  and  willing  to  use  it  for  the  defense 
of  the  Government  and  the  laws  to  which  he 
was  born.     [Applause.]     I  would  not  stop  to 
inquire  whether  under  the  audacious  rebellion 
which  was  primarily  inaugurated  in  the  impe- 
rious ambition  of  disappointed  politicians,  the 
bonds  of  my  own  State  had  gone  down,  as  other 
State  securities  have  done;  but  I  would  issue 
more,  if  necessary,  even  though  reaching  a  still 
lower  depreciation,  (leaving  the  General  Gov- 
ernment, of  course,  to  its  duty  of  providing  for 


34 


them  in  the  end,)  and  with  the  pledge  of  these, 
I  would  collect  the  "ways  and  means"  to  pre- 
serve the  Government  of  my  own  State  and  re- 
store that  of  the  United  States.  Instead,  there- 
fore,  of  doing  nothing,  I  am  prepared  to  do 
much — and  to  suffer  much,  if  need  be — in  or- 
der to  preserve  at  once  the  fabric  of  our  civili- 
zation, and  of  all  our  hopes  of  prosperity  and 
of  peace.  [Repeated  applause.] 

Mr.  President,  between  gentlemen  of  the 
age  and  experience  of  the  delegate  and  myself 
there  ought  to  be  no  such  disagreement  of 
opinion  as  there  seems  to  be  upon  the  same 
presentation  of  facts — and  perhaps  there  is  not. 
I  will  therefore  venture  to  submit  to  my  friend 
the  inquiry,  and  to  solicit  from  him  a  candid 
reply  to  a  simple  question :  Does  he  believe 
that  in  the  present  and  prospective  condition 
of  the  country,  it  is  possible  to  have  anything 
like  a  fall  and  fair  election  on  the  first  Mon- 
day in  next  month  ?  I  pause  for  a  reply. 

Mr.  WRIGHT*  I  do  not  exactly  relish  this 
appeal  to  my  candor,  inasmuch  as  it  may  be 
intended  to  involve  the  inference  that  I  have 
been  uncandid  in  something  else  I  have  said 
to-day.  I  will,  however,  answer  the  gentle- 
man, that  in  referring  to  the  condition  of  things 
which  existed  at  the  time  this  ordinance  of 
election  was  passed  at  Jefferson,  (about  the 
last  of  July,)  and  the  condition  of  things  at 
present,  I  think  the  prospect  for  a  fair  election 
is  as  good  now  as  it  was  then. 

Mr.  BIRCH.  I  regret  that  my  friend  has 
felt  himself  unable  or  disinclined  to  answer 
so  simple  and  direct  a  question.  It  may  or 
it  may  not  be  that  the  gentleman  is  correct 
in  his  opinion,  that  the  circumstances  no  more 
disfavor  the  hope  of  a  fair  and  full  election 
now  than  they  did  at  the  time  of  the  passage 
of  our  ordinance  j  but  that  is  not  the  question. 
There  were  many  who  then  believed — my 
friend,  perhaps,  amongst  the  number — that  we 
could  not  hope  (as  others  and  myself  did)  for 
such  an  expression  of  the  popular  judgment  in 
November  as  would  alone  carry  with  it  the 
wonted  moral  or  popular  authority ;  and  these 
were  right  in  their  apprehensions,  whilst  my- 
self and  others  were  mistaken  in  our  hopes. 
How  is  it  now,  however?  Poll  this  Conven- 
tion, now  consisting,  I  believe,  of  between  fifty 
and  sixty  members,  and  I  will  yield  this  whole 
question  if  there  be  five  of  the  entire  number 
who  will  answer,  upon  his  faith  and  his  honor, 
that  he  believes  it  possible  that  we  can  have 
either  a  peaceable,  a  fair,  or  a  full  election,  at 
the  time  designated  in  the  ordinance  which  I 


propose  to  repeal.  I  believe  I  might  safely 
agree  to  yield  a  proposition  even  of  such  ac- 
knowledged importance,  if  there  could  be 
found  even  one  member  of  this  body  (whether 
present  or  absent)  who  would  give  it  as  his 
candid  opinion  that  such  an  election  could  be 
holaen  within  the  next  three  weks. 

How,  then,  stands  our  duty?  Shall  other 
gentlemen  and  myself  stand  here  upon  a  punc- 
tillio  of  what  shallow  knaves  will  call  "  con- 
sistency," and  refuse  to  undo  what  it  is  now 
apparent  we  were  mistaken  in  doing  at  our  re- 
cent session  at  the  Capitol?  To  such  u con- 
sistency," Mr.  President,  I  lay  no  claim.  If  I 
wrong  a  man  in  private  or  in  social  life,  it  is 
my  duty  to  retract,  and  thus  redress  the  wrong. 
And  so  of  men  in  public  station,  the  most  des- 
picable and  least  to  be  honored  is  he  who,  hav- 
ing been  clearly  mistaken,  either  in  his  hopes 
or  his  fears,  (as  a  majority  of  us  were  in  the 
hope  that  secessionism  would  lay  down  its 
arms  and  permit  us  to  decide  our  differences  by 
a  full  and  fair  election) — the  man  of  all  others 
who  is  least  to  be  honored  under  circumstan- 
ces of  that  character,  is  he  who  will  not  forego 
his  policy  and  correspondingly  change  his  vote. 
It  is  not}  therefore,  to  "  take  from  the  people 
the  power  to  elect  their  own  officers,"  but  to 
secure  to  them  the  power  to  do  so,  that  we 
simply  postpone  the  election  until  such  time  as 
the  circumstances  of  the  future  may  be  more 
propitious  to  a  calm,  dispassionate  and  full  ex- 
pression of  their  judgment  and  their  will — to  a 
period,  if  you  please,  Mr.  President,  when  the 
forty  thousand  secessionists  now  embodied  in 
arms  may  vote  as  well  as  we  can,  and  we  can 
vote  as  well  as  they  can.  What  says  my  friend 
to  that  ? 

Mr.  WRIGHT.  You  say  there  are  40,000.  I 
suppose  there  are  50,000  quasi  secessionists  in 
arms.  I  do  not  suppose  you  have  more  than 
20,000  in  arms;  and  there  will  be,  of  course,  a 
greater  chance  for  the  non-combatants  for  the 
Union  than  for  the  secessionists.  North  Mis- 
souri has  been  cleared  of  these  marauding 
bands  ;  and  I  think  the  circumstances  are  more 
favorable  for  an  election  now  than  they  will 
be  in  the  future. 

Mr.  BIRCH.  If  the  southern  half  of  the  State 
was  in  no  worse  condition  than  my  own  sec- 
tion, (my  more  immediate  home  section,  I 
mean,)  I  might  not  feel  myself  authorized  to 
postpone  an  election  which  comprises  the 
whole  State.  However  regretting  the  exasper- 
ations and  the  extremes  of  many  in  my  own 
county,  it  is  perhaps  but  proper  to  say,  I  be- 


35 


lieve  a  comparatively  quiet  election  could  be 
held  there,  in  spite  of  the  military  proclama- 
tion of  Col.  Hughes.  Like  the  prophets  of  old, 
he  is  less  so  in  his  own  country  than  he  is  al- 
most anywhere  else  ;  and  I  believe  the  better 
element  of  secession  there  would  concur  with 
all  the  Union  element  in  favor  of  a  full  and  free 
and  fair  election.  (En  passant,  Mr.  President, 
it  was  not  my  neighbors  or  my  countrymen, 
alienated  as  many  of  them  have  become  to- 
wards me  in  consequence  of  our  political  disa- 
greement— it  was  not  the  men  of  Clinton,  as 
some  suppose,  but  armed  soldiers,  with  their 
captain  at  their  head,  from  a  neighboring 
county,  who  seized  and  carried  off  the  un- 
armed representative  of  my  county,  and  was 
only  prevented  from  seizing  my  son  and 
myself,  because  they  were  resisted  by  arms.) 
If,  therefore,  other  sections  of  the  State 
were  even  as  comparatively  quiet  and  right- 
minded  as  the  district  from  which  I  have 
the  honor  to  still  respond  as  a  Union  delegate, 
whether  for  weal  or  for  woe  the  election  might 
still  go  on.  I  cast  my  eye  over  our  hall,  how- 
ever, and  see  there  alone  the  evidences  that  this 
election  should  not  now  deforced  upon  the 
people  who  are  here  represented— for  with  un- 
broken voice  they  assure  us  the  election  cannot 
be  free,  cannot  be  full,  cannot  be  fair.  Let 
those  who  desire  any  other  election  than  that, 
vote  against  my  resolution  ;  and  let  the  sober 
sense  of  the  country  decide  between  us. 

In  addition  to  these  considerations,  Mr.  Pres- 
ident, the  gentleman  to  whom  I  yielded  the 
floor  with  so  much  pleasure,  and  who  correct- 
ed my  assumed  statistics  with  an  accuracy  to 
which  I  can  lay  no  pretension,  has  furnished 
and  suggested  an  additional  or  augmented  rea- 
son for  postponing  the  election.  He  supposes 
there  are  fifty  thousand  armed  secessionists 
in  the  State  ;  and  that  the  Union  men,  with 
only  20,000,  would  have  an  advantage  in  the 
election  of  30,000.  If  that  be  so,  Mr.  Presi- 
dent, every  delegate  upon  this  floor  is  sworn  to 
vote  for  the  postponement,  unless  he  be  ready 
to  at  least  connive  at  the  disfranchisement  of 
so  large  an  army  of  voters.  I  shall  not  do  so, 
whether  upon  the  flippant  plea  of  false  "  con- 
sistency," or  upon  any  other  false  pretense — 
realizing,  as  I  do,  the  great  American  truth 
that  whilst  a  full  and  fair  election  is  more 
than  all  things  else  the  palladium  of  American 
liberty,  a  restricted  and  a  foul  election  is  the 
"  sum  of  all  villainies."  I  will  not  leave  such 
a  weapon  in  the  hands  of  an  adversary  ;  for  as 
sure  as  they  are  secessionists  would  they  use 


it  to  impair  the  great  moral  effect  which  alone 
renders  an  election  desirable  at  all. 

"  But,"  says  the  censorious  delegate,  "your 
own  action,  at  the  last  session,  has  been  the 
cause  of  all  this." 

Mr.  WRIGHT.  I  did  not  say  the  cause  of  all 
our  troubles;  but  that  it  had  contributed  to 
complicate  them,  and  bring  them  to  what  they 
are. 

Mr.  BIRCH.  I  stand  corrected,  Mr.  Presi- 
dent, and  will  for  a  moment  devote  myself  to 
that  accusation,  involving  simply  a  disagree- 
ment of  opinion  between  the  gentleman  and  my- 
self. What  was  our  action,  and  what  the  neces- 
sity for  it?  We  found  the  capital  in  the  posses- 
sion of  the  soldiery  of  the  Federal  Government. 
The  Governor  of  the  State  and  the  Lieut.  Gov- 
ernor had  fled  from  it  under  circumstances 
which  rendered  it  impossible  to  return  except 
as  military  conquerors,  with  force  sufficient  to 
resist  the  Government  of  the  United  States  in 
the  execution  of  the  writs  of  its  Court — and 
they  have  not  yet  returned,  and  probably  never 
will.  The  people  of  the  State — at  least  the 
peaceful  and  law-abiding  portion  of  them — 
were  in  the  daily  need  of  a  Governor  to  dis- 
charge the  everyday  duties  of  the  Executive  ; 
and  what  did  we  do  to  give  even  color  to  the 
imputation  that  our  action  has  been,  in  any  le- 
gitimate sense,  the  cause  of  our  present  compli- 
cations ?  Sir,  our  action  should  have  aggra- 
vated no  such  complication,  but  the  exact  re- 
verse ;  nor  would  it  have  done  so  had  those 
who  rendered  it  necessary  but  signified  their 
willingness  to  meet  us  and  to  vote  it  out,  in- 
stead of  a  purpose  again  the  exact  reverse  — 
namely,  to  disdain  and  spurn  our  reference  to 
the  people,  and  continue  to  "fight  it  out." 
From  that  has  culminated  our  present  extreme 
divergence  j  and  from  that  results  the  necessi- 
ty of  arming  against  those,  and  those  only, 
who  have  spurned  the  ordeal  of  the  ballot, 
which  must  be  postponed  accordingly.  Gen- 
tlemen may  tax  their  ingenuity,  or  their  soph- 
istry, or  their  subtlety,  to  the  utmost,  and  yet 
it  is  all  replied  to  or  turned  aside  by  that ! 

So,  too,  of  all  that  the  gentleman  has  said, 
and  so  well  said,  of  the  sacredness  of  the 
habeas  corpus  and  the  despotism  of  martial  law. 
I  recur  him  to  the  cause,  or  ("if  he  prefers  it) 
the  excuse  for  all  that  he  has  complained  of  in 
the  conduct  of  the  present  National  Executive 
and  the  "  Military  satraps"  as  he  denominates 
those  to  whom  he  has  made  such  frequent  al- 
lusion. Whence  the  cause — whence  the  alleg- 
ed necessity  for  all  that  he  complains  of?  I  am 


36 


not  here  to  justify  it,  for,  in  the  very  nature  of 
things,  I  can  not  be  supposed  to  be  in  posses- 
sion of  all  the  facts  upon  which  either  the  Ad- 
ministration or  its  officers  in  this  department 
(or  elsewhere)  have  proceeded  to  adopt  the 
extreme  measures  that  are  complained  of.  But 
this  I  know  —  and  this,  too,  the  gentleman 
knows — that  if  there  had  been  no  such  auda- 
cious rebellion  as  he  and  I  concurred  in  de- 
nouncing from  this  floor,  in  March  last,  there 
would  have  been  no  necessity  (whether  real  or 
supposed)  for  the  extraordinary  measures 
which  have  been  resorted  to  in  order  to  put  it 
down.  In  the  adoption  of  these  measures, 
the  Administration  and  its  agents  may  not,  by 
any  means,  have  chosen  the  wisest  course — 
but  will  any  intelligent  and  sincere  friend  of  the 
Union  for  that  cause — a  mere  error  of  adminis- 
tration—  ally  himself  to  the  enemies  of  the 
Union,  and  attempt  therefor  to  break  it  up  ? 
No,  Mr.  President :  the  man  who  causelessly, 
or  without  sufficient  cause,  aims  a  dagger  at 
your  heart  or  mine — as  my  friend  and  myself 
have  concurred  that  secessionism  aimed  it  at 
the  heart  of  the  Union — that  man  is  not  to  be 
afterwards  pitied  and  coalesced  with,  if  in  re- 
sisting him  we  are  driven  to  the  necessity  of 
either  strangling  or  subduing  him,  even  with- 
out punctillious  reference  to  "  the  code  of  hon- 
or." And  so  of  those  who  have  aimed  at  the 
life  of  the  Union,  by  which  of  course  is  under- 
stood the  renunciation  of  the  Constitution  and 
the  subversion  of  its  government — does  it  lie 
in  the  mouths  of  either  these  men  or  their  sym- 
pathisers to  complain  of  imputed  infractions  of 
certain  clauses  of  the  Constitution,  when  deem- 
ed necessary  to  preserve  the  whole  of  it  from 
overthrow  ?  Sir,  to  ask  such  a  question  is  to 
answer  it,  at  least  to  the  common  sense  of  the 
country,  and  it  is  to  that  tribunal  I  would  car- 
ry my  appeal.  I  retract  nothing  that  I  have 
previously  said  upon  this  common  sense  view 
of  the  proposition.  On  the  contrary,  I  re-af- 
firm the  opinion  expressed  in  debate  with  one 
of  my  colleagues  at  our  last  session,  and  in  the 
same  sense  I  am  ready  to  join  hands  with  my 
friend  from  St.  Louis — that  "  if  he  only  means 
to  say  that  since  this  war  was  inaugurated  by 
the  reduction  of  Fort  Sumpter,  and  the  menace 
of  our  capital  by  the  war  minister  of  the  Con- 
federate States,  the  Administration  at  Wash- 
ington seems  to  have  supposed  itself  reduced 
to  the  necessity  of  making  a  record  which  is 
unsurpassed  in  usurpation  and  in  the  assump- 
tion of  unacknowledged  power" — if  this  be  all 
the  delegate  means,  we  will  continue  friends 


as  we  ever  have  been.  But  as  I  further  repli- 
ed to  the  estinjable  and  distinguished  colleague 
alluded  to,  (Judge  Dunn,  whom  I  regret  is  no 
longer  with  us,)  so  I  yet  further  reply  to  my 
friend  from  St.  Louis,  (Mr.  Wright,)  that  "if 
he  means  or  intends  that  because  the  Admin- 
istration may  in  this  respect  have  violated  the 
Constitution  even  beyond  a  reasonable  excuse 
in  the  extremities  to  which  it  was  driven,  we 
should  therefore  abandon  our  old  and  common 
ground,  and  ally  ourselves  with  those  who  owe 
all  the  status  they  have  to  a  previous  and 
comparatively  causeless  renunciation  of  the 
whole  Constitution,  and  a  war  upon  the  Govern- 
ment of  which  it  is  the  symbol  and  the  bond — 
if  my  friend  means  that,  his  own  regrets  can 
not  be  more  sincere  than  mine  will  be,  if  hence- 
forth our  pathway  shall  lead  in  opposite, 
though  never  in  unfriendly  directions. "  I 
may  as  well  reiterate  from  the  same  speech 
that  "  I  have  no  heart  for  the  task,  and  think 
it  inappropriate  to  our  duties  here,  to  attempt 
a  comparison  between  the  usurpations,  the  rob- 
beritS  and  the  terrorise,  of  the  seceding  and 
the  Confederate  States  on  the  one  hand,  and 
the  like  usurpations  and  other  malpractices  of 
my  own  Government  on  the  other  hand.  But 
this  I  may  say,  in  dismissing  this  topic  of  re- 
mark, that  I  shall  not  probably  be  carried  away 
from  my  own  Government,  however  severely  my 
judgment  may  reprehend  the  errors  of  its  ad- 
ministration, so  long  as  the  alternative  is  limited 
to  an  alliance  with  a  party  who  has  violently 
and  causelessly  (or  without  sufficient  cause,  as 
myself  and  my  friend  agree,  usurped  a  govern- 
ment in  violation  of  their  allegiance  to  their 
former  government ;  and  who  will  stand  before 
God  and  posterity  as  mainly  responsible  for  all 
the  consequences  which  have  ensued,  or  which 
may  ensue,  from  any  efforts  which  may  be 
deemed  necessary  to  repress  and  put  down 
rebellion."  This  is  my  answer  to  all  that  I 
have  heard  of  the  misconduct  of  the  Adminis- 
tration or  its  army,  whether  in  the  misjudg- 
ment  of  those  who  direct,  or  the  misconduct 
of  those  who  carry  out  its  line  of  policy.  I 
knew  before  the  war  was  inaugurated  that  its 
prosecution  would  devolve  (in  part  at  least) 
upon  those  whom  it  has  been  devolved ;  and 
that  in  northern  regiments  there  must  needs 
be  elements  uncongenial  with  the  institutions 
of  Missouri,  and  hence  to  be  avoided  if  we 
could.  In  the  interests  of  peace  I  long  sought 
to  avoid  the  necessity  of  their  presence  amongst 
us,  but  secessionism  worked  and  willed  it  other- 
wise— they  had  at  last  to  come,  and  for  one,  / 


37 


thank  them  for  coming  here.  What  boots  it  to  us, 
sir,  that  in  perhaps  every  regiment  that  is  sent 
amongst  us  there  are  men  who  have  been 
falsely  educated  to  believe  they  have  the  right 
to  "  steal  a  negro,"  and  that  they  may  essay 
to  steal  yours,  sir,  should  they  come  into  An- 
drew, as  they  attempted  to  steal  my  neighbors' 
and  my  own  when  encamping  but  a  night  in 
Clinton  ?  We  will  punish  the  scoundrels  if  we 
can  detect  and  arrest  them ;  but  we  can  blame 
neither  the  Administration,  which  is  compelled 
to  employ  them,  nor  the  officers,  who  seem  to 
do  all  they  can  to  overlook  and  restrain  them. 
We  can  do  nothing  more,  in  short,  than  to  hold 
SECESSIONISM  responsible  for  all  our  annoyances 
and  all  our  losses  !  But  for  that,  Missouri  would 
to-day  have  peace,  prosperity  and  happiness ; 
and  but  for  that,  the  necessity  would  not  exist 
for  even  a  Federal  garrison  in  the  whole  broad 
State. 

Having  been  necessarily  absent  at  the  open- 
ing of  the  session  this  afternoon,  and  thus  de- 
prived the  pleasure  of  listening  to  a  portion  of 
the  remarks  of  the  learned  delegate  from  St. 
Louis,  I  desire  only  to  say  that  it  will  have 
been  in  no  spirit  of  discourtesy  should  I  fail 
to  reply  to  his  whole  speech  as  it  deserves  to 
be  replied  to.  The  next  point  which  I  noted 
this  morning  may  be  disposed  of  by  reiterat- 
ing what  was  premonished  of  our  authority  by 
all  the  distinguished  secessionists  of  the  Le- 
gislature whilst  the  bill  for  our  organization 
was  under  their  discussion.  They  conceded 
that  we  would  be  a  supra-constitutional  body  ; 
and  to-day,  Mr.  President,  we  are  every  thing 
for  the  weal  or  the  woe  of  the  State,  or  we  are 
nothing.  It  is  in  no  spirit  of  unkindness,  there- 
fore, that  I  decline  to  make  any  further  reply 
to  the  most  astute  criticisms  of  my  friend  in  re- 
spect to  our  power  under  the  Constitution.  I 
hope  we  shall  not  unnecessarily  or  injudicious- 
ly transcend  it ;  but  if,  perchance,  we  should, 
it  will  not  lie  in  the  mouths  of  those  who  in- 
vested us  with  the  authority  to  do  so,  and  who 
created  the  necessity  for  doing  so,  to  complain 
of  the  necessary  results  of  their  own  action. 

I  thank  the  gentleman  for  refreshing  my  re- 
collection in  respect  to  the  circumstances  and 
the  occasion  on  which  Mr.  Clay  delivered  the 
immortal  speech  from  which  I  quoted  on  yes- 
terday, inasmuch  as  it  thereby  appears,  from 
his  own  ingenuous  showing,  that  the  use  to 
which  I  have  appropriated  it  was  most  apposite 
indeed.  Nor  am  I  less  thankful  to  him  for 
reminding  me,  that,  in  another  great  speech  of 
the  illustrious  Kentuckian,  he  discriminated 


between  the  just  and  the  unjust  interposition 
of  a  State  in  opposition  to  the  Government  of 
all  the  States.  I,  too,  have  marked  our  records 
during  every  session  of  this  Convention,  as  I 
did  again  on  yesterday,  with  concurring  evi- 
dences of  like  discrimination. 

As  to  "  test  oaths"  and  other  epithets  by 
which  the  delegate  may  seek  to  prejudge  and 
to  prejudice  our  action  in  regard  to  my  last 
proposition,  if  I  had  the  means  to  procure  from 
the  archives  at  Richmond,  the  oath  of  loyalty 
to  the  Confederate  Government,  *  I  would  not 
trouble  him  to  assist  me  in  drawing  up  a  simi- 
lar oath  for  all  the  officers  under  our  own  Gov- 
ernment. Talk  of  "oaths,"  or  of  "confisca- 
tions," or  of  "  exile !"  Go,  my  friend,  amongst 
the  Confederates,  if  you  desire  to  be  fervidly 
eloquent  upon  such  topics.  We  simply  pro- 
pose that  our  public  officers  shall  subscribe  a 
declaration  under  oath,  that  in  the  present  con- 
test between  the  United  States  and  the  Confed- 
erate States,  they  will  stick  to  tfieir  own  side 
— the  side  of  their  own  Government,  and  not 
give  "  aid  and  comfort"  to  its  enemies ;  and 
that  any  one  who  does  not  take  that  judicial 
view  of  his  duties  shall  be  relieved  of  those 
duties.  Does  my  friend  admit  the  authority 
of  the  Supreme  Court  as  to  the  construction  of 
the  Constitution  of  the  United  States  upon 
questions  of  national  loyalty7?  He  courteously 
nods  assent,  and  that  is  all  I  ask.  I  would  go 
no  further  in  the  oath  to  be  prescribed  by  this 
Convention  than  to  bring  to  the  understanding 
and  the  eye  of  all  from  whom  we  may  require 
it,  what  the  highest  court  in  the  land  has  de- 
cided to  be  the  meaning  of  the  oath  to  support 
the  Constitution  of  the  United  States ;  and  if 
he  shall  find  himself  unable  to  take  such  an 
oath,  surely  he  could  not  think  it  hard  to  lay 
down  his  employment  under  that  Constitution. 
If  this  be  neglected  in  times  like  the  present, 
what  is  to  prevent  every  public  officer  from  con- 
struing his  constitutional  obligations  for  himself, 


*  In  default  of  this  the  following  copy  of  the  oath  ad- 
ministered to  such  of  the  captive  officers  at  Lexington  as 
would  consent  to  take  it,  may  throw  a  little  light  on  the 
subject ;  and  will  be  particularly  refreshing  to  those  who 
yet  innocently  believe  that  our  late  President  and  his 
command  are  still  loyal  to  the  "  Government  of  the  United 
States:" 

The  undersigned  1st  Lieutenant, a  prisoner  of 

War,  at ,  pledges  his  sacred  word  of  honor  that  he 

will  not  again  during  the  present  war,  take  up  arms 
against  either  the  State  of  Missouri  or  the  Confederate 
States  of  America  ;  and  that  he  will  not  give  aid  or  com- 
fort, in  any  way  whatever,  to  the  Government  of  the 
United  States,  or  any  of  its  armies,  until  he  shall  have 
been  released.  This  parole  is  given  upon  the  condition 
that  the  same  may  be  surrendered  at  any  time  to  the 
commanding  officer  of  any  military  post  of  the  Missouri 
State  Guard. 

Given  at  Lexington,  Mo.,  September  25, 1861. 


38 


as  my  friend  does  ?  I  forbear  further  remarks 
on  this  head,  however,  because  I  am  already 
satisfied  (since  my  speech  on  yesterday)  that 
what  is  regarded  as  even  a  less  doubtful  guar- 
anty of  loyalty  on  the  part  of  those  in  office 
will  probably  be  required  by  a  majority  of  this 
body. 

The  delegate  from  St.  Louis  did  no  more 
than  I  felt  satisfied  he  must  do,  from  his  con- 
ceded character  for  intelligence  and  integrity, 
in  declining  to  take  up  the  gauntlet  for  the 
judge  and  the  preachers  in  my  county,  who  in 
May  last,  (as  I  showed  on  yesterday,)  misled 
so  many  of  the  young  and  the  uninformed  to 
believe  that  Mr.  Lincoln  was  in  favor  of  "  ne- 
gro equality."  And  whilst  the  subsequent 
conduct  of  some  of  the  friends  and  officers  of 
the  Administration  may  be  liable  to  the  crit- 
icisms which  have  been  dealt  to  them  upon 
that  and  other  points  of  controversy,  it  is  most 
confidently  repeated  that  it  was  such  early  and 
persistent  calumnies  against  the  Administration 
that  contributed  most  to  mislead  the  thousands 
who  flocked  "  across  the  river"  to  the  ranks  of 
Jackson,  as  the  representative  of  "Dixie," 
which  1  understand  to  be  the  exact  antipode  of 
"negro  equality."  In  that  sense,  I  need 
scarcely  repeat  that  I,  too,  will  "  live  and  die 
in  Dixie."  I  disagree  with  my  friend,  howev- 
er, who  after  rather  grudgingly  absolving  the 
Administration  from  entertaining  the  purpose 
of  "  negro  emancipation,"  avers  that  "  there 
are  multitudes  of  men,  who  have  a  controlling 
power  over  the  administration,  who  are  for  it." 

I  need  scarcely  say,  Mr.  President,  that  I  am 
in  no  other  sense  the  advocate  or  even  the 
apologist  of  an  administration  with  no  member 
of  which  have  I  ever  exchanged  either  a  line 
or  a  word,  than  in  the  subdued  and  cautious 
sense  of  rendering  it  reluctant  justice,  where 
honor  and  duty  requires  it  at  my  hand.  It  is 
in  that  sense  that  I  arraign  the  error  of  my 
friend,  and  point  to  the  Presidential  order  for 
the  modification  of  Fremont's  proclamation,  as 
evidence  that  the  emancipation  wing  of  the 
Republican  party  have  not  "a  controlling  power 
over  the  Administration." 

Proslavery  man  as  I  am,  however,  both 
from  association  and  from  interest,  I  agree 
with  my  friend  that  he  and  I,  and  all  of  us, 


were  born  to  the  inheritance  of  yet  other 
rights  more  sacred  than  the  right  of  property 
in  the  slave.  He  cites  again  the  "  habeas  cor- 
pus," to  which  I  will  add  the  trial  by  jury,  the 
right  to  vote,  and,  as  more  sacred  than  all  be- 
side, the  rights  of  conscience,  (religious  freedom.) 
Show  me  that  either  of  these  are  even  in  peril, 
and  my  friend  shall  approve  himself  the  friend 
of  real  liberty  beyond  what  I  do,  it  will  not  be 
because  I  do  not  adore  it  with  all  my  nature 
and  all  my  heart.  There  never  was  a  man, 
however,  who  wore  a  high  commission  amid 
the  perils  of  an  army,  who  had  not  the  great 
martial  right  to  place  his  district  under  martial 
law — placing  his  justification,  of  course,  upon 
the  necessity  which  confronted  him,  to  be 
judged  of  by  his  superiors,  who  in  their  turn 
have  to  be  judged  of  by  the  country.  Jeffer- 
son justified  or  excused  it  in  Wilkinson — Mad- 
ison did  the  same  with  Jackson,  and  the  coun- 
try sustained  them  all.  We  shall  see  by  and 
by  what  the  verdict  of  the  same  country  will 
be  in  respect  to  Lincoln  and  Fremont.  In  the 
midst  of  their  exhausting  contest  for  the  pre- 
servation of  the  UNION,  I  shall  at  least  forbear 
unnecessary  denunciation,  where  my  judgment 
can  not  award  its  approbation. 

I  believe,  Mr.  President,  that  I  have  suffi- 
ciently replied  to  the  arraignment  of  the  dele- 
gate from  St.  Louis,  except  it  may  be  in  re- 
spect to  his  assumptions  of  my  objects  in  desir- 
ing a  more  efficient  enactment  for  the  organiza- 
tion and  government  of  our  volunteer  militia 
— and  in  respect  to  those  assumptions,  I  may 
at  least  be  pardoned  for  saying  that  I  know  the 
gentleman  to  be  wholly  mistaken.  So  far  as 
my  own  purpose  is  concerned,  the  gentleman 
can  continue  to  read  by  his  fireside  any  news- 
paper that  will  best  minister  to  his  edification, 
or  best  comport  with  his  sympathies  or  his 
taste,  free  from  all  apprehension  of  drafting 
or  any  other  species  of  compulsion  except  that 
of  his  long-life  obedience  to  "  the  Constitution 
and  the  laws.''  We  shall  probably  seek  no 
"drafted"  Union  men — but  with  as  noble  an 
army  of  volunteers  as  ever  marched  to  the 
music  of  "  Hail  Columbia" — and  with  a  law 
which  will  render  them  as  efficient  as  regulars 
— we  will  drown  out  all  other  music  in  the  yet 
loyal  State  of  Missouri. 


39 


FOURTH     DA.Y. 


Convention  met  at  10  o'clock  A.  M. 

Prayer  by  Rev.  Mr.  Eliot. 

Mr.  HITCHCOCK  moved  to  take  up  the  ordi- 
nance reported  by  the  Committee  on  Elections, 
stating  that  upon  that  motion  he  desired  to 
make  some  remarks. 

The  PRESiDENT_remarked,  for  the  informa- 
tion of  spectators  present,  that  no  manifesta- 
tions of  approbation  or  disapprobation,  at  any 
of  the  sentiments  expressed  by  the  speakers, 
would  be  allowed. 

Mr.  ZIMMERMAN,  on  leave,  introduced  the 
following : 

Resolved,  That  all  courts  in  the  State  of 
Missouri  who  refuse  to  discharge  their  duties, 
shall  receive  no  pay  during  the  absence  of 
such  courts,  and  that  the  limitation  act  shall 
cease  during  the  absence  of  such  courts,  and 
that  creditors  on  judgments,  executions,  bonds, 
notes  and  accounts,  shall  be  entitled  to  the  rate 
of  interest  agreed  upon  by  the  debtor,  not  ex- 
ceeding ten  per  cent.,  during  the  absence  of 
said  courts ;  and  where  there  is  no  agreement 
between  debtor  and  creditor  respecting  inter- 
est, all  demands,  including  accounts,  shall 
draw  six  per  cent,  per  annum.  Referred. 

The  ordinance  reported  by  the  Committee 
on  Elections  was  then  read. 

Mr.  HITCHCOCK  said  :  Mr.  President,  the 
action  proposed  by  the  ordinance  which  has 
been  read,  is  the  postponement  of  the  election 
ordered  to  be  held  in  November.  The  reasons 
for  such  postponement  are  the  disturbed  con- 
dition of  the  State,  and  the  fact  that  apprehen- 
sion is  felt  that  no  fair  expression  of  the  popu- 
lar will  can  be  had.  I  take  it  that  upon  that 
ordinance,  the  simple  question  of  present  fact 
will  determine  the  action  of  the  Convention. 
It  is  entirely  immaterial  to  me  who  is  respon- 
sible for  anything  that  now  exists  when  I  con- 
sider the  question  whether,  in  fact — whatever 
causes  may  have  led  to  it,  whatever  blame  may 
rest  on  any  quarter — whether,  on  the  first  Mon- 
day in  November,  a  fair  expression  of  the 
popular  will  can  be  had.  If  not,  then  it  is  as 
much  the  duty  of  this  Convention  to  postpone 
that  election  as  it  was  proper  for  this  Conven- 


MONDAT,  October  16,  1861. 

tion  to  submit  its  action  to  the  people.  The 
majority  of  this  Convention  desire  a  fair  ex- 
pression. They  did  not  think  they  were  bound 
originally  to  appeal  to  the  people,  but  they  de- 
sired nothing  more  than  that,  at  the  earliest 
practicable  period,  the  people  of  the  State 
should  be  called  upon  to  say  whether  they  ap- 
proved their  action.  Now,  as  to  the  fact  of  the 
case,  so  far  as  I  know,  nearly  every  member 
of  this  body,  (coming  from  different  quarters 
of  the  State  as  they  do,)  is  cognizant  of  the 
condition  of  things  in  his  section,  unanimously 
declares  that  there  can  be  no  fair  expression 
of  the  people  whose  action  we  invite,  and  that 
an  election  at  the  time  proposed  would  be  to 
invite  the  bloodiest  contest  which  has  yet 
taken  place.  In  July,  when  we  last  met,  we 
remember  that  among  those  who  voted  for 
the  ordinance  ordering  an  election  in  Novem- 
ber, there  existed  a  strong  diversity  of  opinion 
simply  upon  this  one  point — not  as  to  whether 
it  was  well  to  submit  the  question  to  the  people 
— not  as  to  whether  it  ought  to  be  done  as  a 
matter  of  expediency,  but  as  to  when  it  could 
be  soonest  done  with  safety  and  justice.  There 
were  those,  as  will  be  remembered,  who  pro- 
posed to  have  the  election  in  thirty  days— others 
still,  and  myself  among  the  number,  who 
thought  the  election  ought  not  to  be  held  sooner 
than  November.  The  Committee  of  Seven,  who 
reported  on  the  subject,  foresaw  more  correctly 
than  we  the  condition  of  things  in  this  State. 
They  said  it  would  be  impossible  for  an  election 
to  be  held  in  November,  and  they  were  right. 
When  that  committee  first  made  its  report,  we 
were  taunted  with  the  insinuation  that  we  were 
afraid  to  submit  our  action  to  the  people.  All 
such  taunts  are  beneath  notice.  I  deny  and 
treat  them  with  the  indifference  they  deserve. 
For  myself,  it  will  be  the  proudest  recollection 
of  my  life  to  have  acted  with  a  body  of  men  so 
wholly  devoted  as  the  Union  men  of  this  Con- 
vention showed  themselves  to  be,  when  in  ses- 
sion in  Jefferson  City,  to  the  best  interests  and 
the  truest  welfare  of  their  constituents,  without 
regard  to  personal  consequences  in  any  way 
whatever.  The  Convention  determined  to 
submit  its  action  in  November,  and  what  was 


v 

40 


the  result  ?  I  need  not  go  over  the  circum- 
stances which  have  followed. 

The  gentleman  from  Clinton  has  read  the 
proclamation  issued  by  a  Colonel  in  the  so- 
called  army  of  Jackson,  which  plainly  shows 
the  manner  in  which  it  was  designed  to  thwart 
our  action.  We  were  taunted  with  being 
afraid  of  the  people,  and  we  refuted  the  taunt 
by  declaring  our  willingness  to  go  before  the 
people.  We  did  not  believe  we  were  bound  to 
submit  our  action — the  best  constitutional  law- 
yers in  the  Convention  triumphantly  vindicated 
this  position  ;  yet  we  preferred  to  ask  the  sanc- 
tion of  the  people ;  and  what  has  been  the  re- 
sult ?  A  proclamation,  not  by  this  Colonel 
alone,  but  by  his  superiors,  has  been  issued, 
declaring  that  we  shall  not  have  an  election. 
The  very  outlaw  who  issued  that  proclamation 
declared  that  an  army  would  track  its  path 
through  the  State  in  blood,  and  make  widows 
and  orphans  everywhere  —  would  annihilate 
the  interests  of  Missouri  rather  than  allow  that 
election  to  be  held.  We  know  that  on  every 
side  throughout  this  State  these  threats  have 
been  repeated,  and  repeated  by  armed  and 
reckless  and  desperate  men.  We  know  that 
it  is  in  the  power  of  a  few  men,  even  in  this 
great  city,  with  its  police  and  its  soldiers,  to 
convert  an  election  precinct  into  the  scene  of  a 
riot.  What  are  we  to  expect,  when  the  theatre 
of  such  reckless  crime  is  the  area  of  the  whole 
State  ?  A  speaker  who  opposed  this  postpone- 
ment of  the  election  on  Saturday,  asserted  that 
there  were  50,000  armed  men  in  Missouri  on 
the  secession  side,  and  20,000  armed  men  on  the 
side  of  the  Union.  Without  agreeing  to  their 
accuracy,  accept  his  figures.  Seventy  thousand 
armed  men  expected  to  peaceably  take  part  in 
an  election — men  armed  on  this  very  quarrel ! 
Nearly  half  the  voters  of  the  State  declared  to 
be  already  in  arms,  glaring  upon  each  other  in 
eager  anticipation  of  the  strife — and  yet  the 
gentleman  taunts  the  majority  that  they  hesi- 
tate to  call  these  men  to  meet  at  the  polls  !  I 
repeat — it  is  immaterial  who  is  to  blame — if 
these  things  are  so,  an  election  cannot  and 
ought  not  to  be  held.  It  would  not  be  a  farce 
— it  would  be  a  fearful  tragedy.  This  Conven- 
tion has  a  duty  to  perform  in  such  a  condition 
of  affairs,  which  neither  taunt  nor  gibe  can 
affect.  I  envy  not  the  spirit  which  inspires 
the  sneer.  Those  who  are  driven  in  such  a 
crisis  to  use  such  arguments  for  their  purposes, 
are  they  rather  to  be  pitied  or  condemned  ? 

I  have  said  thus  much,  sir,  upon  the  general 
proposition  contained  in  the  ordinance  reported 


by  the  Committee  for  the  postponement  of  the 
election.  I  desire,  however,  with  the  indul- 
gence of  the  Convention,  to  notice  somewhat 
more  in  detail  the  remarks  made  on  Saturday 
last  by  the  delegate  from  St.  Louis,  (Mr. 
Wright,)  upon  the  resolution  submitted  by  the 
gentleman  from  Clinton,  (Mr.  Birch.)  The 
first  of  those  resolutions  was  the  same  in  sub- 
stance with  the  ordinance  now  under  con- 
sideration, and  its  introduction  was  made  by 
my  colleague — who,  I  regret  very  much  to  see, 
has  not  seen  fit  to  be  present  this  morning — 
the  occasion  for  a  most  extraordinary  address. 
Extraordinary  in  its  assertions,  still  more  ex- 
traordinary in  its  omissions  of  fact;  extraordi- 
nary in  the  temper  and  spirit  it  displayed  to- 
wards his  associates  in  this  body,  at  whom  it 
was  (in  a  parliamentary  phrase)  so  "respect- 
fully" directed — and  most  extraordinary,  con- 
sidering the  position,  the  professions,  the  sol- 
emn obligations  of  the  speaker,  in  the  real  pur- 
pose and  object  which  to  my  mind  shone  out 
in  every  sentence  and  well-turned  phrase.  For 
myself,  as  one  who  has  the  honor  in  part  to 
represent  the  same  constituency  who  honored 
that  speaker  with  his  own  high  trust,  I  am  not 
content  that  his  harangue  shall  pass  unnoticed. 
I  trust  to  be  pardoned  by  the  House  if  I  com- 
ment upon  its  positions. 

The  majority  of  this  Convention,  sir,  were 
by  this,  their  associate  and  self -constituted 
prosecutor,  indicted  and  arraigned  as  "  usurp- 
ers." They  were  charged  by  him  with  naving 
caused — he  said  "  contributed  to,"  but  he  was 
careful  to  complain  of  no  others — the  present 
unhappy  condition  of  this  State.  Their  action 
had  "  irritated"  and  "  exasperated"  its  people — 
and  he  could  find,  it  seemed,  no  other  cause  or 
origin  of  irritation.  The  charge  itself  is  of 
little  consequence,  nor  can  it  borrow  either 
dignity  or  weight  from  him  who  made  it.  It  is 
nothing  unusual  for  such  a  cry  to  be  raised  for 
a  like  purpose  of  misleading  and  defeating  jus- 
tice. But  when  such  assertions  are  made  on 
this  floor,  and  since  a  partial  statement  of  facts, 
and  propositions  which  obscure  the  truth,  are 
to  be  scattered  broadcast  over  the  land  under 
the  authority  and  as  part  of  the  proceedings  of 
this  Convention,  it  is  proper,  for  the  sake  of 
those  who  might  for  that  reason  give  them  cre- 
dence, that  the  blame  shall  carry  with  it  the 
antidote. 

Sir,  what  one  measure  of  this  Convention 
was  pointed  out  by  that  speaker  as  having  con- 
tributed to  the  disturbance  of  the  peace  of  the 
State  ?  Not  one.  The  charge  was  broad  and 


41 


bitter ;  but  the  gentleman  ventured  on  no  such 
specification.  That  charge  was  made  against 
the  majority  of  this  body ;  it  was  intended  as 
an  attack  on  the  Government  of  the  United 
States.  In  terms,  it  opened  by  arraigning  us ; 
but  the  true  point  of  attack  was  speedily 
changed.  Nor  could  it  have  been  for  one  mo- 
ment supported.  What  were  those  measures, 
and  whom  did  they  "irritate  1"  Was  it  that, 
in  the  exercise  of  a  clear  and  indisputable  pow- 
er—a power  claimed  in  advance  for  this  body 
(when  they  thought  it  would  work  out  their 
meditated  treason)  by  the  very  men  who  have 
since  felt  it — this  body  removed  from  office  a 
Governor  sworn  to  support  the  Constitution  of 
this  State  and  of  the  United  States,  but  whose 
official  acts  showed,  and  whose  correspondence, 
made  public  by  this  Convention,  acknowledged 
that  he  was  from  the  first,  and  in  avowed  op- 
position even  to  the  majority  of  his  people, 
engaged  in  a  scheme  which  that  very  speaker 
(Mr.  Wright.)  in  March  last  denounced  as  in 
violation  and  in  defiance  of  both  the  State  and 
the  National  Constitution  ?  Was  it  that  we 
deposed  a  man  whose  whole  conduct  showed 
him  perjured  and  recreant  to  every  official 
trust,  and  who  by  force  and  fraud  was  desper- 
ately attempting  to  thwart  the  popular  will  ? 
Does  the  gentleman  (Mr.  Wright)  presume  to 
allege  this  as  a  cause  of  "-irritation"  to  the  peo- 
ple of  this  State  ?  Does  he  now  endorse  that 
Governor  ? 

Or  was  it,  sir,  that  in  the  exercise  of  the 
same  power,  expressly  admitted  in  favor  of 
this  Convention  by  themselves,  we  removed 
from  office  that  Legislature  who,  in  secret 
midnight  session,  with  but  half  their  number 
present,  passed  so-called  "Acts,"  in  utter  and 
treasonable  defiance  of  their  sworn  duty  under 
the  State  and  National  Constitutions  ?  Do  we 
we  not  know,  both  from  the  official  journals  of 
that  secret  session,  and  from  the  clear  and 
authentic  statement  made  at  our  July  session  by 
a  delegate  who  was  a  loyal  member  of  that  Legis- 
lature, (Mr.  Welch,)  that  a  test  vote  was  forced 
upon  them  and  defiantly  carried  by  their  traitor 
majority,  upon  a  proposition  which  was  a  de- 
claration of  war  against  the  United  States  ?  You 
remember,  sir,  that  section  167  of  that  infamous 
"Military  Bill"  made  it  the  sworn  duty  of 
every  officer  and  soldier  of  the  "  Missouri  State 
Guard"  to  attack,  disperse  and  disarm  every 
assemblage  of  men  in  this  State  "  having  the 
semblance  of  an  armed  organization,"  which  was 
not  organized  under  that  Military  Bill  itself. 
You  remember  that  with  the  express  purpose 


of  testing  the  intent  of  this  provision,  an 
amendment  was  offered,  excepting  from  its 
terms  the  troops  of  the  United  States,  within 
any  post  or  arsenal  within  this  State,  so  long  as 
they  conducted  themselves  lawfully,  and  until 
the  State  of  Missouri,  by  a  vote  of  her  people, 
should  change  her  relations  with  the  Union- 
And  you  know  that  that  amendment  was  voted 
down ;  and  that  this  vote  was  had  before  the  so- 
called  "  outrage  at  Camp  Jackson"  had  occurred. 

Does  the  gentleman  charge  it  as  an  "  irrita- 
ting cause"  that  we  removed  from  office  the 
men  who  thus  sought  to  force  the  people  into 
a  war  with  the  General  Government  ?  Does 
he  approve  that  conduct  on  their  part  ? 

Or  was  it  "irritating"  the  people  of  this  State 
that  we  annulled  those  odious  laws  which  that 
Legislature  passed?  Laws  which  plundered 
the  public  schools,  robbed  the  asylums,  estab- 
lished in  time  of  peace  a  military  rule  in  the 
interest  and  for  the  purposes  of  treason,  and 
saddled  upon  a  people  already  impoverished 
an  extraordinary  tax  for  military  purposes  ? 
Does  the  gentleman  himself,  as  one  of  the  peo- 
ple, grieve  that  these  wholesome  enactments 
are  not  still  in  force  ? 

Or  did  it  "exasperate"  the  people  that  we 
sought  at  the  earliest  period  for  their  sanction 
of  our  acts  ?  Did  not  the  gentleman  himself 
vote  for  that  measure  ?  We  did  not  hold,  nor 
do  we  now  believe,  that  our  acts  and  ordi- 
nances required  such  express  sanction  for  their 
validity. 

But  we  desired,  if  it  were  possible,  to  de- 
stroy the  last  shadow  of  excuse  for  those  who 
denounced  us,  and  to  show — as  we  were  satis- 
fied that  a  vote  would  show — that  we  acted  not 
only  for  the  highest  interests  but  with  the 
hearty  approval  of  a  large  majority  of  the 
people  of  this  State.  Sir,  there  was  no  doubt 
as  to  the  power  of  this  body.  Its  powers  were 
as  ample  as  its  duties  were  arduous.  Its  mem- 
bers were  required  to  consider  the  Federal  and 
inter-State  relations  of  the  people  and  Govern- 
ment of  Missouri,  and  "  to  take  such  measures 
as  they  might  deem  expedient  to  vindicate  the 
sovereignty  of  the  State  and  for  the  protection 
of  its  institutions ;"  and  there  was  but  one 
thing  which  it  was  required — if  passed  by 
them — should  be  submitted  to  the  people,  name- 
ly, an  ordinance  of  secession.  And  as  was  shown 
in  July  last  by  the  gentleman  from  Clinton» 
(Mr.  Birch,)  such  men  as  Kains,  and  Harris, 
and  Vest,  and  Ament,  in  the  debates  on  the 
Convention  bill,  expressly  declared  that  in 
their  opinion  the  Convention  could  do  what  it 


42 


pleased — "could  abolish  the  Legislature  itself,  or 
even  the  State  Constitution."  Sir,  the  gentle- 
man (Mr.  Wright)  on  Saturday  declined  fur- 
ter  to  discuss  this  question  of  power.  He 
said  it  had  been  exhausted  at  our  last  session. 
So  it  was.  And  if  he  is  content  with  the  re- 
sult of  that  discussion,  certainly  we  are.  He 
won  no  laurels  there.  But  while  we  never 
doubted  the  power,  we  expressly  avoided  its 
exercise  save  so  far  as  it  should  be  forced  upon 
us  by  events. 

I  do  not  doubt,  sir,  that  there  is  one  party 
who  have  been  "irritated"  by  the  acts  of  this 
Convention.  They  have  been  so  from  the 
first — disappointed,  chagrined,  astounded,  dis- 
mayed, furious  !  Everything  it  has  done,  and 
what  it  has  refused  to  do,  has  "exasperated" 
them.  Who  are  that  party  ?  They  are  those 
who  from  the  first  have  sought  to  destroy  this 
beneficent  Government — the  secession  party  of 
Missouri :  with  all  those  who,  through  fraud 
or  fear,  deceived,  deluded  or  overawed,  have 
been  brdught  to  join  them.  That  party  we 
have  not  expected,  we  have  not  sought,  to 
please  after  their  fashion ;  for  if  we  had,  it 
would  have  been  equally  a  betrayal  of  our 
pledges  and  our  trust.  For  them  we  have  but 
one  desire :  that  they  may  see  the  criminal 
and  suicidal  error  of  their  course ;  that  they 
may  lay  down  their  arms,  and  return  to  their 
just  allegiance.  Until  they  do  that,  their  "irri- 
tation" will  no  doubt  continue.  Was  it  on 
their  behalf  that  the  gentleman  spoke  ? 

But,  sir,  the  gentleman  complained  that  this 
Convention  has  given  up  the  consideration  of 
the  Federal  relations  of  Missouri.  Did  we  not 
in  March  last  act  upon  that  subject  ?  Had  we 
not  then  the  privilege  of  that  gentleman's  aid, 
and  his  luminous  exposition  of  these  relations, 
their  just  principles,  and  their  philosophy  as 
well.?  Did  we  not  then  solemnly  declare,  and 
the  gentleman  with  us,  that  those  relations  should 
not  be  disturbed  ;  that  there  was  no  cause  for 
the  "secession"  of  Missouri  ?  Did  we  not  once 
and  forever  dispose  of  that  question — and  does 
the  gentleman  desire  to  repeal  that  action  or  to 
change  his  ground  ? 

Having  thus  considered  the  Federal  relations 
of  the  State,  and  declared  that  they  should  re- 
main inviolate,  we  did  proceed  "to  vindicate 
its  sovereignty  and  protect  its  institutions" 
against  its  own  faithless  public  servants.  We 
did  not  hesitate,  in  the  language  of  the  Chair- 
man of  the  Committee  of  Eight,  (Judge  Gam- 
blej  in  July  last,  to  "brush  away  everything" 
that  sought  to  interfere  with  those  relations, 


or  to  assault  that  sovereignty.  Is  it  for  this, 
sir,  that  the  gentleman  denounces  the  majority 
of  this  Convention  ? 

But  the  gentleman  hastened  to  the  real  pur- 
pose of  his  attack — his  diatribe  on  Martial 
Law.  He  announced  a  great  principle — that 
liberty  could  not  exist  save  under  the  supreme 
dominion  of  law.  Sir,  we  agree  in  that  great 
truth.  We  desire  nothing  better  than  its  appli- 
cation. We  have  contended  for  nothing  else — 
we  needed  nothing  else.  But  the  gentleman 
and  those  who  sympathize  with  him  are  care- 
ful to  forget  who  it  was  that  trampled  on  all 
law  and  Constitutions  in  Missouri.  They  have 
no  complaint  of  the  Governor  and  his  band  of 
conspirators  in  office,  who,  with  rebellious 
hands,  have  struck  down  both  Law  and  Lib- 
erty. And  we,  forsooth,  were  and  are  to  sit 
with  folded  hands  and  suffer  this  sacrilege.  I 
know,  sir,  that  it  was  argued  with  all  the  abil- 
ity and  all  the  plausibility  of  the  speaker,  that 
a  man  might  contend  with  all  his  might  against 
the  Government,  without  being  disloyal  to  the 
Constitution.  "God  forbid,"  cried  he,  "that  I 
should  join  the  army  of  Jackson."  Sir,  I  can 
almost  imagine  an  echo  of  that  adjuration  softly 
wafted  back  from  the  confines  of  Arkansas : 
"  God  forbid  that  you  should  join  our  army — 
stay  and  help  us  where  you  are !" 

Now,  sir,  what  about  this  Martial  Law — the 
chief  count  in  the  indictment  against  the  ma- 
jority of  this  body1?  Is  it  not  an  honorable 
and  ingenuous  charge  ?  What  member  of  the 
majority  had  anything  to  do  with  the  establish- 
ment of  Martial  Law  in  Missouri  ?  Which  one 
of  us  proposed,  or  asked,  or  desired  it  ?  Which 
one  stirred  up  those  atrocious  acts  of  rebellion 
that  brought  it  about?  Is  it  to  be  doubted 
what  was  the  purpose  of  that  bitter  harangue, 
when  the  action  of  a  military  officer  of  the 
United  States,  wholly  independent  of  this  Con- 
vention, and  without  consulting  one  of  its  mem- 
bers, is  paraded  as  one  of  the  means  by  which 
our  measures  have  "irritated"  the  people"? 
Was  it  meant  to  rebuke  us— or  only  to  inflame 
the  people  against  that  Government  ?  So  far 
as  the  majority  of  this  Convention  is  concern- 
ed, the  remarks  of  the  gentleman  do  not  touch 
them,  whatever  else  these  remarks  may  do. 

But  I  do  not  propose,  sir,  to  evade  the  ques- 
tion thus  raised.  I  am  quite  willing  to  discuss 
the  gentleman's  views  on  martial  law  as  it  ex- 
ists among  us.  Whom  does  it  in  fact  affect  ? 
Against  whom  was  it  promulgated?  Has  it 
displaced  or  closed  our  Courts,  in  the  transac- 
tion of  their  regular  business  ?  Has  it  laid  its 


43 


stern  grasp  upon  the  ordinary  business  of  the 
community,  or  interfered  with  the  detection 
and  punishment  of  crime?  The  gentleman 
knows  that  it  has  not.  It,  and  it  alone,  has 
enabled  these  things  to  go  on  in  our  own  city. 
And  outside  of  this  judicial  circuit,  if  it  has 
disturbed  a  single  Judge,  it  has  been  those 
who  have  descended  from  the  bench  and  de- 
serted their  own  trust  to  take  up  arms  against 
the  Government  they  are  sworn  to  support. 

But  against  whom  and  upon  whom  does  this 
Martial  Law  operate  ?  The  gentleman  him- 
self, referring  to  those  who  have  been  confined 
as  prisoners  at  the  Arsenal,  said  that  some  of 
them  were  undoubted  traitors.  I  apprehend  it  is 
not  on  their  behalf — those  whose  treason  the 
gentleman  himself  expressly  asserts,  that  his 
complaint  is  made.  He  speaks  of  innocent 
men  who  have  been  unjnstly  arrested  and  con- 
fined. It  may  be  true,  sir — I  know  not — that 
there  have  been  mistakes  made,  and  men  may 
have  been  arrested  as  disloyal  who  were  not 
so.  If  it  be  so,  I  regret  it  deeply — every  loyal 
man  regrets  it.  But  this  proves  what  ?  That 
with  the  administration  of  martial  law,  as  with 
that  of  civil  and  criminal  law,  there  are  evils 
and  hardships  inevitable  under  any  human 
agency.  The  men  whose  cases  the  gentleman 
mentioned,  it  seems,  have  been  released.  He 
says  that  unjust  accusations  have  been  made 
against  the  Provost  Martial  himself  to  his  su- 
perior. Why,  sir,  our  criminal  code  provides 
that  a  prisoner,  charged  with  crime  and  con- 
fined in  jail,  who  is  not  arraigned  for  trial 
during  two  terms  of  the  Criminal  Court,  shall 
be  discharged.  This  is  simply  a  confession  by 
the  law-makers  that  innocent  men  may  be  ar- 
rested on  false  and  malicious  testimony,  whom 
even  a  writ  of  habeas  corpus  cannot  release,  but 
whom  the  prosecutor  will  not  or  dare  not  pur- 
sue ;  and  when  such  a  case  happens,  what 
practical  remedy  has  the  sufferer  for  his  an- 
noyance, his  imprisonment,  the  injury  done 
him  ?  He  may  have  absolutely  none.  We  re- 
gret it,  but  it  cannot  be  helped.  And  has  the 
gentleman  himself,  in  his  large  experience  of 
civil  actions  for  damages,  never  heard  of  ac- 
tions brought  by  private  malice  or  private  cu- 
pidity, by  which  the  unfortunate  defendant 
was  put  to  great  expense,  was  forced  to  employ 
eminent  counsel,  to  procure  testimony  at  great 
cost  and  trouble,  and  perhaps  to  be  mortified 
at  the  public  discussion  of  his  fair  fame,  even 
though  he  succeed  in  repelling  the  attack? 
And  though  in  such  a  case  the  villainy  of  his 
opponent  were  exposed  with  disgrace,  would 


that  compensate  him  for  the  vexation  and  the 
loss?  But  is  this  an  argument  against  civil 
law  and  trial  by  jury?  Unless  it  be  charged, 
which  it  was  not,  nor  I  imagine  can  be,  that 
the  purpose  of  the  officer  administering  mar- 
tial law  is  to  vex  and  oppress  the  loyal  citi- 
zens, these  things  are  but  the  lamentable  inci- 
dents of  that  for  which,  not  the  Government, 
but  its  enemies  themselves  are  responsible.  I 
remember,  sir,  an  incident  related  to  me  last 
summer  by  the  Commandant  of  the  Military 
District,  comprising  the  Missouri  river.  He 
found  it  necessary  at  one  time  to  seize  all  boats 
and  barges  along  the  river  to  prevent  the  in- 
surgent forces  from  crossing.  To  one  man, 
no  small  part  of  whose  little  property  was  in 
his  barge,  he  said :  "  I  must  take  your  boat 
and  sink  it,  for  the  necessity  of  the  Govern- 
ment requires  it."  "Take  it,"  said  the  owner ; 
"  I  only  wish  I  had  a  hundred  to  give  up  for 
the  Union  !"  That  is  the  spirit  in  which  some 
men  meet  these  necessities.  There  is  another 
spirit,  which  dwells  upon  and  exaggerates  every 
necessity,  every  hardship,  every  mistake,  even 
though  it  be  repaire'd  as  soon  as  it  is  ascer- 
tained. 

I  know  the  answer  to  all  this  :  That  martial 
law  strikes  at  the  principles  of  individual  lib- 
erty, because  it  suspends  the  habeas  corpus  act. 
But,  sir,  are  there  no  periods  when  the  public 
safety  is  of  higher  importance  than  even  the 
liberty,  for  a  time,  of  any  individual?  Why, 
the  Constitution  of  the  United  States  itself  an- 
ticipates such  a  necessity — for  it  provides  that 
the  privilege  of  the  habeas  corpus  may  be  sus- 
pended in  case  of  insurrection  or  invasion. 
The  gentleman  says  of  that  privilege — "  It  is 
the  dearest  right  that  belongs  to  a  freeman, 
unless  it  is  that  other  right,  to  think  and  speak 
whatever  he  pleases.  Lincoln  does  not  indorse 
the  emancipation  of  Snead's  slaves,  but  he  does 
indorse  a  defiance  of  the  Judiciary,  by  abolish- 
ing the  writ  of  habeas  corpus."  And  yet,  the 
Chief  Justice  of  the  United  States,  the  same 
man  who  recently  gave  an  opinion  in  the  Merry- 
man  case,  did  on  the  bench  decide  in  the  so-called 
"Rhode  Island  case/'  as  that  court  had  decided  . 
in  other  cases,  that  under  the  power  vested  in 
him  (by  the  act  of  1795),  to  call  out  and  employ 
the  militia  to  suppress  insurrections,  the  Presi- 
dent is  the  sole  and  exclusive  judge  of  the 
necessity  for  its  exercise  and  the  mode  of  its 
employment;  and  that  for  the  judiciary  to  in- 
terfere in  such  cases,  even  by  the  writ  of  habeas 
corpus,  to  release  those  who  were  arrested  by 
the  authority  of  the  President,  as  hostile  to  the 


44 


Government,  would  make  that  judiciary  "  a 
guarantee  of  anarchy  and  not  of  order."  So 
that  judiciary  itself  has  declared,  when  the  pub- 
lic mind  was  not  excited  as  now ;  and  that  is 
its  true  position. 

But  this  is  no  new  question  in  the  history  of 
our  Government.  Allusion  has  already  been 
made  by  others  to  the  case  of  Gen.  Jackson, 
who  declared  and  enforced  martial  law  at  New 
Orleans  in  1815.  He  was  afterwards  fined  by 
Judge  Hall  for  contempt  of  Court  in  refusing 
to  obey  a  writ  of  habeas  corpus.  He  chose  to 
pay  the  fine,  and  protected  the  Judge  himself, 
who  imposed  it,  from  the  excited  people  who 
justified  his  own  course.  But  nearly  thirty 
years  later,  in  the  midst  of  another  generation, 
in  a  time  of  profound  peace,  a  bill  was  passed 
in  Congress  to  refund  him  the  amount  of  that 
fine  with  interest :  and  it  was  entitled  "  A  bill 
to  indemnify  Maj.  Gen.  Andrew  Jackson  for 
damages  sustained  by  him  in  the  discharge  oj 
his  official  duty."  That  bill  was  debated  in  the 
Senate  of  the  United  States  in  January,  1843, 
by  such  men  as  Linn  of  Missouri,  who  report- 
ed it,  and  Buchanan,  and  Berrien,  and  others. 
The  whole  question  of  martial  law  was  dis- 
cussed ;  and  the  friends  of  the  bill  refused  to 
permit  its  passage  except  with  that  title.  They 
would  not  accept  a  bill  "  for  his  relief — they 
said  he  was  rich  enough ;  nor  "  in  considera- 
tion of  his  services" — which  they  said  had  al- 
ready been  rewarded.  They  wanted  the  Sen- 
ate to  declare  that  he  had  done  right.  They 
would  have  that  or  nothing.  The  Senate  of 
the  United  States  did  so  declare  by  its  vote, 
and  among  those  who  voted  for  the  bill  on  its 
passage  was  that  strictest  of  all  strict  construc- 
tionists  of  the  Constitution — John  C.  Calhoun. 
Thus,  sir,  the  Senate  of  the  United  States, 
upon  full  debate,  thirty  years  having  interven- 
ed, deliberately  sanctioned  the  declaring  of 
martial  law  by  a  military  officer,  on  the  ground 
of  high  public  necessity.  And,  as  was  re- 
marked by  Senator  Linn  of  Missouri,  in  that 
debate — "  the  course  of  General  Jackson  was 
approved  by  President  Madison  at  the  time." 
Now,  sir,  the  gentleman  himself  has  told  us 
who  and  what  Madison  was.  He  said — and  I 
agree  with  him — "But  Madison  was  not  only 
a  patriot,  but  a  great  deal  more.  He  helped 
to  make  the  Constitution  of  the  country ;  he 
knew  how  it  was  made — every  timber,  beam, 
and  foundation  stone  about  it."  And  yet  this 
patriot  framer  of  the  Constitution  approved 
the  declaration  and  enforcement  of  martial 
law  at  New  Orleans. 


But  the  gentleman  alleged  that  there  is  an 
1  almost  aniversal  "  conviction  over  this  whole 
|  land,  that  the  Administration  is  at  war  with 
!  the  principles  of  civil  liberty !"  Sir,  the  as- 
I  sertion  is  astounding !  What  evidence  is  there 
of  such  a  "  conviction  ?"  Is  it  in  the  unprece- 
|  dented  unanimity  with  which  all  loyal  men, 
I  forgetting  past  party  ties,  have  flocked  to  its 
I  support  ?  Is  it  in  the  hearty  concord  of  Dem- 
!  ocrats  and  Republicans  alike,  in  Congress  and 
•  out  of  it  ? — in  the  fusion  of  all  parties  in  New 
1  York,  Ohio,  and  Pennsylvania,  into  a  great 
|  Union  party,  pledged  to  the  war  for  the  sup- 
!  port^of  the  Government? — in  such  exhorta- 
!  tions  as  that  of  Dickinson,  the  Nestor  of  the 
!  New  York  Democracy,  a  supporter  of  Breck- 
1  inridge  in  1860,  when  he  declared  that  if  the 
!  President  had  not  acted  as  he  has,  he  would 
I  have  deserved  impeachment?  Sir,  no  Admin- 
istration in  our  history  ever  received  such  a 
support  from  the  people — not  even  in  the  war 
of  the  Revolution. 

But  the  great  grief  the  gentleman  had  was 
that,  in  submitting  to  martial  law,  we  are  de- 
parting from  the  lessons  of  the  fathers.  He 
said : 

"I  object  to  all  these  restrictive  measures, 
not  only  because  they  are  unconstitutional — 
that  is  enough,  God  knows,  to  condemn  them — 
and  I  say  they  are  not  only  criminal,  but,  tak- 
ing up  the  ethical  philosophy  of  Walpole,  I 
say  they  are  worse  than  criminal — they  are  a 
blunder.  All  these  restrictive  measures — test 
oaths — the  declaration  of  martial  law— the  sus- 
pension of  the  habeas  corpus — the  law  defying 
the  courts  of  the  country — all  these  measures 
are  measures  of  weakness  and  not  of  strength. 
You  see  this  in  the  arrests  which  have  been 
made  upon  the  ground  of  necessity.  I  have 
shown  you  heretofore  that  necessity  can  never 
be  the  origin  of  power  in  a  free  government, 
and  that  if  you  get  the  power  from  necessity, 
the  exercise  of  that  power  brings  you  weak- 
ness and  not  strength." 
And  again : 

" '  Encroachments  must  be  resisted  at  every 
step.'  '  Oh,  no !'  say  the  patriots  of  the  pres- 
ent time,  '  When  the  Fathers  said  so  they  were 
mistaken.  A  temporary  supineness  is  just  now 
upon  the  Constitution,  but  by-and-by  AVC  will 
set  it  up  all  right !'  Setting  up  the  Constitu- 
tion will  be  like  setting  up  a  broken  reputa- 
tion ;  it  is  like  some  other  things— when  once 
degraded,  lost  forever.  When  the  people  of 
America  accustom  themselves  to  look  upon  a 
violated  and  broken  Constitution,  especially 


45 


when  broken  and  violated  from  the  most  dan- 
gerous source  of  the  Government,  the  Execu- 
tive, all  liberty  is  gone.  *  *  *  Mar- 
tial law  makes  a  Dictator.  Are  you  willing  to 
live  under  a  Dictator?  If  you  are,*  I  am  not. 
*****  •  •  * 

"  Now,  we  must  have  a  Dictator,  and  be  just 
as  still  as  mice  when  cats  are  about,  fearing 
one  of  those  feline  paws  will  be  laid  upon  us 
with  a  claw  in  the  end  of  it.  Is  that  the  spirit 
of  American  freedom  ?  I  say,  with  Walpole, 
'this  is  worse  than  criminal — it  is  a  blunder  !' 
All  such  things  chafe  and  gall  the  American 
heart,  and  you  can  awaken  no  enthusiasm  in 
the  human  breast  to  fight  under  such  circum- 
stances ;  and  I  do  not  think  they  ought  to  fight 
at  all  except  for  liberty." 

Truly,  "  these  are  brave  words."  It  is  im- 
possible not  to  pardon  something,  as  Burke 
said  of  the  New  England  people,  to  the  spirit 
of  liberty,  or  to  the  loyal  allegiance  which  the 
gentleman  professes  to  hold,  in  these  evil  times, 
to  "  the  principles  O/THE  FATHERS.  So,  too,  the 
gentleman  told  us  about  the  proposition  to 
make  Patrick  Henry  Dictator  when  he  was 
already  Governor  of  Virginia;  and  about  that 
"republican  dagger"  which  "his  friend  Cor- 
bin"  was  going  to  plant  in  his  heart.  It  hap- 
happens  that  it  was  not  Corbin,  but  Gary, 
whom  the  gentleman  meant;  and  the  "repub- 
lican dagger"  is  a  bit  of  rhetoric  which  history 
does  not  put  into  his  mouth.  But  I  prefer, 
Mr.  President,  to  look  into  the  practice,  or  at 
least  the  acts  and  doings,  of  "  the  Fathers ;" 
and  the  gentleman  must  read  the  history  of 
his  country — or  relate  it — a  little  more  accu- 
rately, if  I  am  to  follow  him.  What  did  the 
Fathers  of  the  Revolution  think  about  martial 
law  in  times  of  civil  war — about  the  habeas  cor- 
pus— about  a  military  Dictator?  What  did 
they  think  about  the  "weakness"  which  such 
remedies  bring,  according  to  this,  their  faith- 
ful student  and  follower  ?  I  beg  to  read  a  dry 
statement  of  facts,  from  the  first  volume  of 
Curtis'  History  of  the  Constitution  of  the  Uni- 
ted States,  at  page  99  : 

"  Washington  felt  that  the  time  had  come, 
when  to  his  single  hands  must  be  given  all  the 
military  authority  and  power  which  the  Con- 
tinental Union  of  America  held  in  trust  for  the 
liberties  of  the  country.  On  the  20th  of  De- 
cember, therefore,  he  wrote  to  the  President 
of  Congress  a  memorable  letter  asking  for  ex- 
traordinary powers,  but  displaying  at  the  same 
time  all  the  modesty  and  high  principle  of  his 
character. 


"  To  this  appeal  Congress  at  once  responded 
in  a  manner  suited  to  the  exigency.  On  the 
27th  of  December,  1776,  they  passed  a  resolu- 
tion vesting  in  Gen.  Washington  ample  and 
complete  power  to  raise  and  collect  together  in 
the  most  speedy  and  effectual  manner,  from  all 
or  any  of  the  United  States,  sixteen  battalions 
of  infantry  in  addition  to  those  already  voted; 
*  *  *  to  take,  wherever  he  might  be, 
whatever  he  might  want  for  the  use  of  the 
army,  if  the  inhabitants  would  not  sell  it,  allow- 
ing a  reasonable  price  for  the  same ;  to  arrest 
and  conjlne  persons  who  should  refuse  to  receive  the 
Continental  currency,  or  were  otherwise  disaffected 
to  the  American  cause;  and  to  return  to  the 
States  of  which  such  persons  were  citizens 
their  names  and  the  nature  of  their  offences, 
together  with  the  witnesses  to  prove  them. 
These  powers  were  vested  in  the  Commander- 
in-Chief  for  the  space  of  six  months  from  the 
date  of  the  resolve,  unless  sooner  revoked  by 
Congress." 

Thus  you  find,  notwithstanding  all  the  talk 
about  "the  Fathers,"  and  Patrick  Henry,  and 
so-forth,  that  the  naked  historical  truth  is  pre- 
cisely the  reverse  of  all  that  the  gentleman 
would  have  you  infer.  It  is  true  that  the  pro- 
ject to  make  Henry  a  Dictator  failed.  That 
was  broached  in  the  Virginia  House  of  Dele- 
gates in  the  month  of  November,  1776  :  and 
only  one  month  later,  in  December,  1776, 
George  Washington  asked  the  Continental 
Congress  for  Dictatorial  powers — and  they 
granted  them  instantly.  Yes,  in  less  than  six 
months  from  the  date  of  the  Declaration  of  In- 
dependence, which  "thundered" — says  the  gen- 
tleman— "against  Martial  Law !"  Kemember, 
too,  that  that  Congress  acted  under  no  Consti- 
tution like  ours,  expressly  providing  for  such 
a  necessity.  That  Congress  was  a  mere  Revo- 
lutionary Committee,  made  up  of  Delegates, 
acting  under  diverse  and  often  meagre  in- 
structions— long  before  even  the  Articles  of 
Confederation  were  adopted.  Yet  they  gave 
George  Washington,  by  a  simple  resolution,  the 
powers  of  a  Military  Dictator,  and  at  Wash- 
ington's own  request !  On  what  principle  was 
this  done  ?  Let  the  historian  answer  : 

"  The  powers  thus  conferred  upon  General 
Washington  were  those  of  a  military  dictator : 
and  in  conferring  them,  the  Congress  acted 
upon  the  maxim  that  the  public  safety  is  the 
supreme  law." 

Was  it  by  chance,  sir,  that  this  same  princi- 
ple was  selected  as  the  State  motto  of  Mis- 
souri ?  Look  on  her  coat  of  arms  and  read  it : 


46 


Salus  populi  suprema  lex  ESTO  ! 
Not  a  mere  barren  maxim,  but  a  mandate  to 
her  servants.  "LET  the  public  safety  be  the  su- 
preme law  !  Well  might  the  Governor,  in  his 
communication  to  this  body,  the  highest  em- 
bodiment of  the  sovereignty  of  the  State,  point 
to  that  mandate  as  our  guide.  But  we  can 
imagine,  sir,  the  patriotic,  the  liberty-loving 
stand  the  eloquent  gentleman  would  have  taken 
if  he  had  been  in  that  Congress  of  1776  !  How 
he  would  have  thundered  against  martial  law!" 
How  he  would  have  denounced  dictators — 
even  though  the  Dictator  were  a  Washington ! 
Ah,  sir,  it  is  a  pity,  is  it  not,  that  the  gentle- 
man was  not  himself  "  one  of  the  Fathers  ?" 

But  enough  of  martial  law.  No  man  pre- 
tends that  it  is  or  ought  to  be  other  than  ex- 
ceptional— utterly  exceptional  in  its  applica- 
cation.  Nothing  but  an  over-ruling  necessity 
can  justify  it — nothing  less  than  the  preserva- 
tion of  the  Government  or  its  authority.  You 
can  give  no  rule  for  its  fitness  or  necessity ; 
and  the  President  who  orders  or  permits  it  to  be 
proclaimed,  does  it  at  his  own  peril,  and  upon 
his  own  ultimate  responsibility  before  the  peo- 
ple. When  that  necessity  has  passed  away, 
he  must  account  for  its  exercise.  That  was 
the  theory  of  Washington,  who  said  in  his  re- 
ply to  the  letter  from  Congress  transmitting 
that  resolution : 

"  Instead  of  thinking  myself  freed  from  all 
civil  obligations  by  this  mark  of  their  confi- 
dence, I  shall  constantly  bear  in  mind  that  as 
the  sword  was  the  last  resort  for  the  preserva- 
tion of  our  liberties,  so  it  ought  to  be  the  first 
thing  laid  aside  when  those  liberties  are  firmly  es- 
tablished." 

Such,  sir,  were  the  views  which  the  Father 
of  his  Country  entertained  about  martial  law ; 
the  views  of  a  wise,  and  bold,  and  practical 
statesman — and  one  who  is  supposed  to  have 
loved  liberty,  and  known  its  principles,  quite 
as  well  as  any  theorizing  rhetorician  of  our 
times. 

There  was  another  count  in  the  gentleman's 
indictment  —  on  the  subject  of  slavery,  and 
emancipation.  Was  it  fairly  and  candidly  put  ? 
Was  it  not  full  of  lurking  suspicion,  and  mis- 
chievous suggestion,  even  while  it  disclaimed 
any  intention  to  be  unjust  ?  I  quote  his  words  : 
"  The  gentleman  from  Clinton  has  declared 
that  this  war  is  not  waged  for  the  emancipa- 
tion of  the  slave.  I  do  not  do  the  Administra- 
tion injustice,  if  I  know  it.  I  trust  there  is  no 
latent  purpose  to  carry  on  this  war,  having  as 
a  direct  end,  or  as  an  incidental  result,  the 


emancipation  of  the  slave ;  but  if  the  Adminis- 
tration are  clear  of  that  crime,  there  are  multi- 
tudes of  men  who  have  a  controlling  power  over  the 
Administration  who  are  for  it.  I  was  glad  to 
see  the  reply  of  the  President  to  the  proclama- 
tion of  Fremont ;  but  what  are  the  terms  of 
that  reply  ?  Is  there  any  intimation  that  the 
proclamation  was  inconsistent  with  the  liber- 
ties of  the  country  ?  Not  at  all.  He  declares 
that  he  supposes  that  Fremont,  being  upon  the 
ground,  can  better  judge  of  the  affairs  than  he 
can  at  Washington ;  but  that  it  would  be  better, 
in  reference  to  this  proclamation,  to  conform 
to  the  act  of  Congress  on  the  subject  of  confis- 
cation. That  is  all.  There  is  no  direct  rebuke 
of  this  military  satrap,  who,  without  the  author- 
ity of  the  Federal  Government,  comes  to  our 
shores,  and  proclaims  that  he  has  the  power 
to  emancipate  slaves." 

Now,  if  the  gentleman  believes  that  those 
who  control  the  Administration  are  for  general 
emancipation,  how  was  it,  as  he  asserted  five 
minutes  after,  that  one  man  in  Kentucky,  Joseph 
Holt,  had  by  his  letter  to  the  President  caused 
a  change  in  the  policy  initiated  by  Fremont  ? 
And  why  does  he  carp  at  the  phraseology  of 
the  President's  letter  to  Fremont,  when  he 
knows,  or  ought  to  know,  that  Holt's  letter  to 
the  President  (to  which  that  was  in  fact  a  re- 
ply, and  was  sent  to  Holt  by  the  President  as 
such)  expressly  put  the  complaint  of  Kentucky 
Union  men  on  the  ground  that  Fremont  had 
gone  beyond  the  law  of  Congress  !  Holt  said 
nothing  about  "  the  liberties  of  the  country." 
He  said  all  loyal  citizens  approved  the  act  01 
Congress  confiscating  the  property  of  rebels 
used  by  them  in  the  war.  But  he  complained 
that  Fremont's  policy  would  injure  loyal  men 
in  Kentucky  by  setting  free  among  them  the 
slaves  of  rebels,  which  was  more  than  the  law  in- 
tended. The  President's  letter  was  a  direct  re- 
ply, in  fact,  to  this,  and  was  all  the  reply  that 
it  needed.  I  am  sorry  to  be  obliged  to  notice 
these  details — but  if  the  gentleman  don't  choose 
to  be  accurate,  I  must.  The  fact  is,  if  the  gen- 
tleman had  been  permitted  to  dictate  every 
word  of  the  President's  letter  himself,  he  would 
still  have  found  fault  with  the  punctuation. 

Again — he  asserted  that  those  who  have  a 
controlling  power  over  the  Administration  are 
for  making  this  war  one  of  emancipation !  Did 
he  not  know  that  within  ten  days  past  that  very 
proposition  was  embodied  in  a  resolution  offer- 
ed in  the  Republican  State  Convention  of 
Massachusetts,  held  at  Worcester ;  that  Charles 
Sumner  was  there  to  urge  it,  and  did  make  a 


47 


speech  in  its  favor ;  and  that  that  Convention 
refused  to  consider  the  resolution!  This  in 
Ma»arhusetts,  the  home  of  "abolitionism!" 
Did  he  not  know  that  the  Republican  press  of 
that  State  has  strongly  sustained  that  action 
of  the  Convention  as  just  and  wise — has  con- 
demned and  denounced  Sumner  for  the  at- 
tempt— lailure  as  it  was — and  has  declared  (I 
refer  to  such  leading  Republican  organs  as  the 
Boston  Advertiser,  the  Boston  Journal,  and  the 
Springfield  Journal)  that  this  war  for  the  sup- 
port of  the  Government,  and  of  the  full  consti- 
tutional rights  of  all  the  loyal  slave  States — 
and  not  for  emancipation.  AVhy,  sir,  all  these 
facts  and  these  sentiments  were  republished  in 
this  city,  in  the  Missouri  Republican,  not  three 
days  ago — and  yet  the  gentleman  in  his  fair 
and  honorable  assault  on  the  Administration 
and  those  who  control  it,  as  he  says,  never 
alluded  to  them. 

But  in  his  vindictive  assault  upon  the  Gov- 
ernment, the  gentleman  broached  a  theory  of 
constitutional  law  which  was  only  less  mon- 
strous than  absurd.  I  quote  his  words  again  : 

"The  measures  of  this  Convention — the  in- 
stitution of  the  Home  Guards,  the  illegal  as- 
sembling of  a  body  that  had  no  right  to  as- 
semble at  all — are  bad  enough  in  themselves  ; 
but  I  beg  you  to  remember  that  there  is  no 
more  constitutional  power  in  the  Executive  of 
the  United  States  to  redress  a  wrong  com- 
mitted by  one  citizen  of  the  State  of  Missouri 
upon  another  than  belongs  to  the  Emperor  Na- 
poleon or  the  Czar  of  Russia.  It  would  be  just 
as  right  for  the  gens  d'armes  of  Napoleon  to  come 
here  and  redress  wrongs  as  for  the  Federal  sol- 
diers to  do  so.  Why  is  this  ?  Because  Missouri 
regulates  her  own  affairs.  In  the  language  of 
the  report  of  the  Committee  made  at  Jefferson 
City,  she  manages  her  police  and  internal 
affairs  in  her  own  way.  When  the  President 
of  the  United  States  declares  that  the  driving 
off  of  a  Union  man  by  Secessionists  is  an  out- 
rage and  takes  the  remedy  into  his  own  hands 
— I  deny  his  right  to  do  so.  Protection  is  in 
the  State  Judiciary,  and  not  in  the  military  arm. 
The  remedy  is  by  indictment,  and  by  civil  ac- 
tion. The  framers  of  the  Constitution  acted 
upon  such  a  principle,  and  the  General  Gov- 
ernment has  no  right  to  interfere  and  organize 
a  legal  tribunal.  Who  could  not  foresee  that 
the  moment  the  attempt  at  unauthorized  inter- 
ference was  made  it  would  bring  on  civil  war 
among  us  ?" 

I  see  before  me,  Mr.  President,  those  who 
have  been  driven  from  their  homes  by  armed 


rebel  bands,  and  who  are  so  kindly  and  "  re- 
spectfully"— oh,  most  respectfully — alluded  to 
by  the  speaker  on  Saturday,  as  "refugees." 
Unfortunately  they  are  refugees,  flying  from 
before  the  army  of  what  our  ex-Governor 
called  a  "  foreign  State" — driven  from  home, 
threatened  with  death,  unable  to  return  to 
where  their  families  and  all  their  interests  are, 
for  fear  of  summary  execution  at  the  hands  of 
those  lawless  marauders.  I  see  these  gentle- 
men before  me,  members  of  this  body — and 
they  are  told  by  my  sympathizing  colleague, 
who  rests  safely  at  home  under  the  protection 
of  the  martial  law  which  he  so  bitterly  de- 
nounces, that  they  have  no  right  to  call  upon 
the  President  of  the  United  States  for  any 
protection  whatever.  And  they  have  the  con- 
solation of  being  informed  that  they  must  look 
to  the  judiciary  for  redress.  You,  sir,  (the 
speaker  addressed  Judge  Orr,)  who  can  not 
hold  your  court  in  Greene  county,  because  of 
twenty  thousand  armed  men  there,  are  coolly 
asked — "  Why  don't  you  call  your  grand  jury 
together  ?"  Why,  sir,  is  such  talk  as  this  se- 
rious, when  the  Judge  is  driven  from  his  home, 
when  neither  grand  nor  petit  jury  can  assem- 
ble, nor  court  be  held,  nor  process  be  issued, 
for  fear  of  death  itself,  speedy  and  cruel? 
How  bitter  the  scorn  with  which  these  gentle- 
men are  selected — perhaps  not  intentionally, 
for  it  was  said  "with  entire  respect" — and 
taunted  with  their  misfortunes !  And  what, 
my  friends,  are  your  feelings — refugees,  plun- 
dered, driven  from  home  as  you  are — when 
you  receive  the  information  that  you  must  go 
before  the  grand  jury,  or  bring  your  civil  ac- 
tion for  damages,  to  be  protected !  How  mon- 
strous is  such  a  proposition  as  this — and  it 
comes  from  a  lawyer!  Sir,  if  this  were  the 
law — if  this  were  true  of  the  Constitution  of 
the  United  States,  it  would  be  enough  to 
silence  every  word  that  has  ever  been  utter- 
ed in  its  praise.  Not  so  is  the  plain  lan- 
guage of  that  Constitution,  or  of  the  act  01 
Congress  of  1795,  passed  in  pursuance  of  its 
provisions,  as  interpreted  by  the  Supreme 
Court.  The  gentleman,  as  I  happen  to  know, 
is  familiar  with  the  celebrated  case  of  Martin 
v.  Mott,  in  which  the  Supreme  Court  decided 
that  whenever  the  President  himself  believed 
the  fact  to  be  that  combinations  existed  in  any 
State  against  the  United  States  laws,  too  pow- 
erful to  be  put  down  by  ordinary  legal  means, 
he  was  bound  to  call  out  the  militia  and  sup- 
press the  insurrection. 
Again,  there  was  a  very  careful  distinction 


48 


made  between  "fealty  to  the  Constitution" 
and  "  fealty  to  the  Government ;"  and  we 
were  told  that  the  one  might  destroy  the  other. 
Now,  sir,  the  plain  and  honest  truth  is  that  no 
man  can  be  loyal  to  the  Constitution  without 
being  loyal  to  the  Government  which  is  formed 
under  that  Constitution.  But  it  is  also  true, 
that  loyalty  to  the  Government  does  not  al- 
ways imply  or  require  either  admiration  or 
approval  of  every  act  of  every  officer  of  that 
Government.  Is  it  possible  that  any  man  of 
common  sense  needs  to  be  told  of  this  distinc- 
tion ?  There  have  been  acts  of  high  officials 
in  this  department  which  many  loyal  men  do 
not  consider  calculated  to  promote  the  best  in- 
terests of  the  Government,  I  have  never  sur- 
rendered my  right  of  private  judgment.  I 
claim  to  have  that  right  and  to  exercise  it. 
But  for  that  reason  I  do  not  think  it  necessary 
for  me  to  be  a  traitor  to  my  country. 

In  short,  sir,  the  spirit  and  tenor  of  that 
whole  speech,  whatever  was  the  inmost  pur- 
pose of  the  speaker,  was  simply  and  plainly 
an  attack  upon  the  existing  Government  of  the 
United  States,  and  an  effort  to  break  it  down. 
It  is  by  just  such  speeches  as  these,  by  such 
unsound  arguments,  by  such  perverted  facts, 
such  inflammatory  appeals  to  the  noblest  sen- 
timents of  our  nature,  that — as  the  gentleman 
from  Clinton  justly  said — rebels  are  made  all 
over  the  State.  For  that  reason,  and  because 
the  position  of  the  speaker  gave  it  a  promi- 
nence and  circulation  to  which  its  merits  do 
not  entitle  it,  I  have  noticed  it  thus  in  detail. 
Many  a  generous,  high-souled  youth,  meaning 
in  truth  no  wrong,  but  thus  cruelly  misled,  has 
been  seduced  into  the  most  enormous  crime  of 
which  a  freeman  can  be  guilty.  And  I  know 
of  at  least  one  case,  occurring  in  this  city  but 
a  day  or  two  since,  where  such  a  youth,  on 
the  eve  of  joining  Price's  army,  was  brought 
by  a  kind  and  thoughtful  word  to  pause  and 
reflect — and  reflection  saved  him. 

I  may  be  pardoned,  I  trust,  for  alluding  to  a 
matter  in  which  the  gentleman  took  notice  of 
myself — a  very  generous  and  candid  notice.  I 
was  mentioned  as  having  introduced  a  resolu- 
tion looking  to  confiscation.  The  gentleman 
supposed  I  had  been  reading  Motley's  History, 
and  had  perhaps  obtained  there  the  idea  of  that 
resolution  from  the  policy  of  "one  of  the 
greatest  bigots  and  tyrants  that  ever  lived ;" 
who,  it  was  said,  raised  a  revenue  by  confisca- 
tion, and  was  the  only  instance  of  the  kind  in 
history.  That  was  all  the  notice  I  had  the 
honor  to  receive,  but  it  was  just  enough  for 


a  purpose — shall  I  say  the  purpose  ?  Now, 
the  resolution  I  introduced,  as  the  gentleman 
knew  very  well,  did  not  aim  at  confiscation  for 
any  such  purpose,  nor  in  any  such  spirit.  I 
stand  on  that  resolution  to-day.  It  provided 
that  every  person  in  this  State,  who,  after  a 
reasonable  time  shall  have  elapsed,  shall  be  found 
employed  in  aiding  the  rebellion,  shall  lose  his 
property.  It  did  not  provide  for  confiscating 
any  man's  property  except  those  who  shall 
disregard  a  sufficient  warning,  and  shall  per- 
sist in  open  rebellion.  It  touched  no  man  for 
his  opinions,  nor  for  any  act  in  the  past.  It 
did  strike  at  acts  in  the  future.  And  in  my 
opinion  the  man  who  claims  that  this  principle 
is  wrong  or  unjust  when  applied  to  open  and 
active  and  persistent  rebellion,  is  very  far  gone 
in  sympathy  with  that  rebellion  himself.  The 
true  and  obvious  purpose  of  that  resolution 
was,  first  of  all,  to  deter  men  from  opposing 
the  Government,  by  showing  them  that  they 
could  not  renounce  their  duties  to  it  without 
losing  their  rights  under  it.  And  the  highest 
success  of  such  a  measure  would  be  achieved 
if  it  prevented,  by  its  own  operation,  the  con- 
fiscation of  a  dollar. 

[At  this  point  the  hammer  fell.  Mr.  Hen- 
derson moved  that  the  speaker  have  leave  to 
proceed,  and  leave  was  unanimously  granted.] 

Mr.  HITCHCOCK.  I  thank  the  Convention 
for  this  courtesy,  and  will  tax  their  patience 
but  little  longer.  It  was  said  that  the  case  of 
that  " bigot  and  tyrant"  whom  Motley  has 
made  immortal  in  infamy,  was  the  only  in- 
stance in  history  of  the  raising  of  revenue  hy 
confiscation.  The  expansive  historical  know- 
ledge of  the  gentleman  leaped  at  a  single  bound 
through  all  recorded  time,  and  he  could  find  but 
one  single  instance,  and  that  was  the  act  of  a 
"  bigot  and  a  tyrant."  Now  if  the  gentleman 
will  stoop  to  examine  with  me  the  acts  of  those 
same  old  "  Fathers  of  the  Revolution,"  of 
whom  he  thinks  so  much  and  knows  so  little, 
he  will  find  that  they  resorted  to  this  plan  of 
confiscation  as  being  efficacious,  just  and  right. 
Nearly  every  colony  passed  acts  of  confisca- 
tion. Rhode  Island,  in  November,  1775  —  be- 
fore the  Declaration  of  Independence — through 
her  Legislature,  passed  acts  confiscating  by 
name  the  property  of  individual  Tories  for  acts 
already  committed  —  among  them,  Governor 
Hutchinson,  of  Massachusetts.  The  same  Le- 
gislature passed  acts  decreeing  both  forfeiture 
and  death  to  those  who  should  furnish  supplies 
or  open  correspondence  with  the  enemy.  I  find 
also  that  in  1777  Congress  passed  a  resolution 


49 


recommending  the  States  to  confiscate  the 
property  of  Tories.  In  January,  1778,  in  the 
Legislature  of  the  gentleman's  own  native 
State,  Thomas  Jefferson  drafted,  introduced, 
and  passed  a  bill  to  sequester  British  debts.  It 
was  a  bill  liberal  in  its  features,  but  it  was  a 
bill  of  sequestration.  And,  not  to  go  into  fur- 
ther details,  so  general  had  this  remedy  been, 
that  in  the  Treaty  of  Peace  and  Independence 
in  1783,  between  Great  Britain  and  the  United 
States,  there  are  three  articles  relating  to  this 
very  subject.  Those  articles  stipulated  for  the 
remission  of  forfeitures  against  "  real  British 
subjects" — that  is,  those  residing  in  England 
or  in  other  than  our  own  colonies ;  and  that 
Tories  should  have  twelve  months  allowed 
them  to  try  and  get  back  their  confiscated  es- 
tates ;  and  that  Congress  should  recommend  to 
the  several  States  to  restore  such  estates  on 
payment  by  them  of  the  bona  fide  price  which 
any  purchaser  since  the  confiscation  may  have 
paid. 

So  much  for  what  "the  Fathers"  thought  of 
this  "  bigoted  and  tyrannical"  policy.  I  am 
not  disposed  to  go  southward  for  examples,  or 
I  might  allude  to  that  most  rigorous  and 
sweeping  confiscation  act  which  has  already 
passed  the  so-called  "  Confederate  Congress," 
which  affects  not  only  all  who  bear  arms 
against  them,  but  all  who  reside  out  of  those 
States,  and  all  who  will  not  take  the  oath  of 
allegiance.  Yet  the  gentleman  had  not  a  word 
to  say  'about  that. 

I  desire  to  correct  some  errors  and  assump- 
tions into  which  the  speaker  fell  in  regard  to 
the  Military  Bill  adopted  by  this  body  in' July 
last,  its  deficiencies,  and  what  he  claimed  were 
its  effects.  We  were  kindly  lectured  on  our 
sad  blunder  in  supposing  that  freemen  would 
volunteer  under  any  military  bill  we  could 
pass — and  so  forth  j  and  it  was  taken  for 
granted  that  the  amendments  now  proposed 
were  intended  to  force  enlistments.  The  sim- 
ple truth  is  that  the  Governor  has  already  ma- 
ny more  volunteers  than  he  has  arms  for  as 
yet.  and  that  no  apprehension  on  that  score  is 
felt  whatever.  Free  men  volunteered  in  1776, 
under  a  military  dictator.  They  rallied  around 
Jackson  in  1815,  in  spite  of  Martial  Law. 
They  are  rallying  now,  and  that  rapidly,  in 
Missouri.  The  gentleman  will  find  that  the 
defects  of  the  present  Military  Bill  are  defects 
of  machinery  for  organizing  men,  no  matter 
how  numerous,  into  an  effective  army.  Regu- 
lations are  needed — articles  for  discipline — 
boards  of  examination,  and  other  details,  such 


as  Congress  acted  on  in  July  last  for  the  Uni- 
ted States  army.  These  defects  were  well 
known  in  July  last,  when  the  old  law  of  1859 
— a  law  made  for  peace — was  adopted.  They 
were  not  remedied  then  because  we  earnestly 
hoped  never  to  need  a  State  army,  and  desired 
to  do  the  least  that  we  could  help  that  even 
looked  like  preparing  for  war.  Since  then  the 
issue  has  been  forced  upon  us.  Our  efforts  for 
peace  are  scorned — an  invading  army  is  within 
our  bor.lers — .our  proposed  election  is  to  be 
broken  up  by  force.  We  have  no  alternative 
but  to  meet  it  as  we  ought. 

Enough  of  all  this.  I  have  already  trespass- 
ed ^oo  long  on  the  kindness  of  the  Convention. 
If  I  were  to  retort  the  attack  thus  recklessly 
made,  it  were  easy  to  arraign  my  colleague, 
and  call  on  him  to  hold  up  his  right  hand  and 
plead  guilty  or  not  guilty  to  the  charge  of  un- 
faithfulness to  his  own  high  trust.  He  gave  us 
his  defense,  indeed.  We  were  told  that  when 
we  could  not  see  clearly  what  we  ought  to  do, 
we  should  do  nothing.  Why  has  not  the  gentle, 
man  done  nothing?  We  should  have  been  glad 
to  receive  that  much  aid.  He  told  us  that  if  he 
were  a  physician,  and  were  called  upon  to  pre- 
scribe for  a  patient  who  had  inflammation  of 
the  brain,  he  would  not  bleed  him  lest  the  pa- 
tient should  die  ;  he  would  do  nothing  at  all 
The  parallel  might  be  expanded.  We  might 
liken  the  State  and  the  Union  to  a  patient.  We 
might  remember  how,  in  February  last,  the 
doctors  were  called  together;  how  one  of  them 
at  least  came  forward  and  declared  himself 
able  to  give  advice;  how  he  exhibited  his  di- 
ploma, and  made  long  quotations  from  the 
books,  and  showed  himself  profoundly  versed 
in  all  the  principles  of  the  system  with  which 
he  was  to  deal  5  how  he  had  no  doubt  nor  hesi- 
tation— no,  not  for  a  moment — in  prescribing 
for  the  case  j  not  only  for  that  attack,  but  for 
a  future  constitutional  regimen  which  should 
prevent  them  for  evermore. 

I  remember  how  in  March  we  felt  gratified 
to  find  that  we  had  in  Missouri  a  man  who 
could  go  outside  of  the  State,  and  tell  in  ad- 
vance what  a  National  Convention  ought  to  do 
to  remedy  the  public  disorders.  But  the  pa- 
tient grew  worse — and  the  doctors  were  called 
to  consult  again.  Naturally  the  eyes  of  the 
public  turned  to  those  who  showed  themselves 
so  proficient  in  learning,  so  able,  so  skillful, 
so  ready,  to  know  what  could  be  done.  They 
remembered  one  who  especially  declared  that 
something  must  be  done  for  the  Union — that 
talking  was  no  good — that  unless  a  man  could 


50 


give  up  every  prejudice,  every  association,  ev- 
ery preconceived  opinion  for  that  sacred  cause, 
he  was  no  Union  man.  But  the  patient  was 
now  desperately  ill.  Somehow,  the  physician 
began  to  lose  confidence — thought  there  was  no 
remedy — thought  it  was  but  to  do  nothing  at  all, 
but  trust  to  the  vis  medicatrix  natures.  Did  the 
physician  stop  there  ?  No  !  he  not  only  de- 
nounced those  who  thought  there  was  yet  a 
remedy,  but  he  excited  the  patients  against 
him.  Was  it  kind,  was  it  wise,  was  it  like  a 
good  nurse,  to  conjure  up  before  the  delirious 
and  fevered  brain  new  images  of  horror? 
Now  we  are  called  together  again,  and  what 
is  done?  The  case  is  bad,  the  danger  great: 
his  advice  is,  do  nothing  !  Is  that  all  ?  No  ; 
we  find  the  bandages  are  torn  off,  the  gaping 
wounds  exposed  ;  and  while  the  delirious  suf- 
ferer is  held  back  by  the  kindness  of  friends 
fi  om  that  liberty  which  would  end  in  suicide, 
we  find  this  physician,  instead  of  endeavoring 
to  soothe  his  excitement,  addressing  to  him 
such  language  as  this :  "You  are  a  free  man — 
claim  your  liberty  !  You  are  not  worthy  of  it 
if  you  do  not  rise  from  your  bed,  and  take  ev- 
ery means  to  increase  the  fever  and  bring  on  a 
speedy  dissolution  !" 

Mr.  President,  I  trust,  in  all  truth  and  kind- 
ness, that  the  day  may  not  come  when  to  any 
man  who  has  stood  in  this  hall,  and  taken  the 
solemn  oath  that  we  took — I  trust  the  day  may 
not  come  when  the  spectre  of  a  ruined  and 
murdered  country  shall  rise  before  him  in  the 
visions  of  the  night,  to  haunt  him  with  the 
sense  of  duties  unperformed — of  awful  respon- 
sibilities unmet.  I  trust  that  from  no  lips  that 
have  spoken  here  may  be  wrung  by  such  a  vis- 
ion, as  from  the  guilty  Thane  of  Cawdor,  the 
passionate,  remorseful,  unavailing  cry — 

''Shake  not  thy  gory  locks  at  me  ; 
Thou  canst  not  say  I  did  it." 

Mr.  BRECKINRIDGE  offered  an  amendment 
providing  that  the  provision  of  the  ordinance 
passed  by  the  Convention  at  its  session  in  July, 
for  the  purpose  of  regulating  elections,  shall 
apply  not  only  to  the  elections  which  are  to  be 
held  under  that  ordinance,  but  to  any  other 
special  election  which  may  in  the  meantime  be 
held.  Adopted. 

Mr.  ALLEN  offered  an  amendment  striking 
out  from  the  third  section  the  words  "until  the 
qualified  voters  of  the  State  shall  approve  or 
disapprove  the  action  of  the  Convention." 
Mr.  A.  said  he  had  no  doubt  that  when  this 
election  was  held,  so  far  as  the  disloyal  por- 


tion of  the  people  are  concerned,  that  would 
be  the  only  question  upon  which  they  would 
vote;  and  that  in  the  event  of  their  rucceeding, 
through  fraud  or  otherwise,  in  obtaining  an 
apparent  majority,  it  would  place  us  in  the 
position  where  we  originally  stood,  and  con- 
sequently establish  Jackson  as  Governor  of 
Missouri.  He  felt  willing  to  shoulder  the  re- 
sponsibility, so  far  as  his  constituents  were 
concerned,  \vhich  might  attach  to  this  amend- 
ment. 

Mr.  BRECKINRIDGE  was  opposed  to  the 
amendment.  The  Convention  at  its  last  ses- 
sion considered  this  matter,  and  agreed  to  sub- 
mit the  question  to  the  people  for  aproval  or 
disapproval.  The  action  was  thought  by  ma- 
ny to  be  unwise  j  but  it  was  desired  by  the 
Committee  on  Elections,  at  the  present  time, 
to  make  our  action  conform  to  that  of  last 
session. 

Mr.  BOGY  moved  to  refer  the  bill  and  amend- 
ment back  to  the  committee. 

Mr.  BRECKINRIDGE  hoped  the  ordinance 
would  not  be  recommitted.  He  thought  it 
would  be  well  to  begin  to  accomplish  some- 
thing. 

The  amendment  was  then  disagreed  to. 

Mr.  PIPKIN  stated  there  were  two  vacancies 
in  the  Committee  on  Accounts. 

The  PRESIDENT  appointed  Messrs.  Vanbus- 
kirk  and  Allen  to  fill  the  vacancies. 

Mr.  MCFERRAN  offered  an  amendment  to  the 
second  section  of  the  ordinance  postponing  the 
election,  proposing  to  dispense  with  the  sub- 
mission of  the  action  of  the  Convention  to  the 
people.  He  deemed  it  impracticable  to  sub- 
mit their  action  to  the  people.  If  the  action 
of  this  Convention  should  be  disapproved  by 
the  people,  through  fraud  or  otherwise,  it 
would  result  in  the  complete  overthrow  of  the 
government  of  the  State. 

Mr.  HENDRICKS  moved  to  adjourn  until  3 
o'clock. 

Mr.  HENDERSON  hoped  the  motion  would 
not  prevail,  as  he  desired  action  upon  the 
amendment  at  the  present  time, 

Mr.  GANTT  suggested  that  they  could  dis- 
patch more  business  by  having  but  one  session 
a  day,  commencing  at  9  or  10  o'clock  A.M., 
and  sitting  till  2  or  3  o'clock  p.  M. 

Mr.  HUDGENS  said  the  plan  was  tried  last 
session,  and  was  not  found  practicable. 

Mr.  HENDRICKS'  motion  to  adjourn  was 
lost. 

Mr.  HUDGENS.  I  have  occupied  my  seat  here 
and  taken  but  little  part  in  the  proceedings, 


51 


but  I  am  satisfied  that  the  proposition  to  post- 
pone the  election  from  November  until  August 
next,  is  a  confession  of  judgment.  I  take  it  as 
such,  and  as  an  acknowledgment  that  the  peo- 
ple of  Missouri  are  opposed  to  the  Convention, 
and  will  vote  its  action  down.  We  have  been 
told  again  and  again,  that  those  opposed  to  the 
action  of  the  Convention  would  prevent  a  fair 
expression  of  the  popular  will  ;  but  only  one 
man,  it  seems,  has  yet  been  cited  as  having 
made  this  declaration.  Suppose  one  man  in 
Missouri  has  said  the  State  shall  run  with 
blood — one  man  or  two  men  may  say  the  same 
thing,  but  it  would  be  no  excuse  for  the  Con- 
vention to  further  postpone  its  action.  If  you 
have  the  power  to  postpone  until  August,  1862, 
you  have  the  same  power  to  postpone  until 
November,  1892.  Is  it  any  excuse  why  the 
Convention  should  withdraw  the  election  from 
the  people  of  Missouri  in  November  simply 
because  of  the  fear  the  people  will  not  acqui- 
esce in  its  action,  or  because  one  man  has  said 
that  armed  resistance  shall  be  made?  The 
proper  way  to  meet  the  issue  is  to  go  before 
the  people  themselves.  When  the  proposition 
was  made  to  appoint  a  Governor,  it  was  first 
proposed  to  hold  him  in  office  but  thirty  days, 
and  then  let  the  people  decide  upon  it.  Then 
again  it  was  proposed  to  have  the  election  held 
within  the  time  allowed  by  the  Constitution. 
But  when  the  great  pulse  of  the  people  of  Mis- 
souri has  been  felt,  and  when  it  is  ascertained 
that  they  are  opposed  to  the  action  of  the  Con- 
vention three  to  one,  then  it  is  proposed  to 
postpone  it  until  August,  1862 ;  and  not  only 
that,  but  it  is  also  proposed  that  the  people 
shall  not  pass  upon  it  all.  We  have  the  power 
in  our  hands  to  hold  office.  We  are  here  a 
bare  majority,  scarcely  enough  to  do  business, 
and  yet  we  declare  that  we  have  the  power  to 
say  that  200,000  voters  in  Missouri  are  not 
competent  to  attend  to  their  own  business,  or 
pass  upon  our  action.  What  is  the  reason 
there  cannot  be  a  fair  vote  ?  There  certainly 
can  be  a  fair  vote  upon  the  north  side  of  the 
river  ;  and  is  there  a  single  county  in  the  State 
where  it  cannot  be  done  ?  Not  a  single  rebel 
commander,  as  the  term  goes,  exists  in  the  north- 
ern section  of  this  State,  that  I  know  of.  In 
the  district  I  represent,  I  am  satisfied  a  fair 
election  can  beheld,  and  that  the  people  are  rea- 
dy to  vote  on  the  issues  ;  and  I  presume  it  can 
be  done  all  through  the  State.  Are  we  to  say 
that  the  people  shall  not  go  to  the  polls  after 
it  has  been  determined  that  our  action  shall  be 
submitted  to  them?  Are  we  to  say  that  they 


shall  not  vote  because  we  think  they,  as  free- 
men, will  not  do  right  at  the  polls?  I  am  will- 
ing, so  far  as  I  am  concerned,  to  let  them  pass 
upon  the  acts  of  the  Convention,  and  allow 
them  to  dispose  of  it  as  they  please.  The  ma- 
king of  a  new  Governor  was  no  unimportant 
matter ;  and  shall  we  multiply  our  difficulties 
still  further  by  postponing  the  election  till  Au- 
gust? I  say,  let  the  people  vote  at  once. 

Mr.  STEWART.  I  am  not  surprised  that  the 
gentleman  from  Andrew  should  admit  that  he 
is  willing  to  leave  the  whole  proposition  to  the 
people.  I  very  well  recollect  the  part  which 
the  gentleman  played  in  his  section  of  the  coun- 
try, at  St.  Joseph  and  Savannah,  after  the  Con- 
vention at  Jefferson  city.  I  remember  how  he 
was  connected  with  the  notorious  Jeff.  Thomp- 
son, and  how  he  declared  on  one  occasion,  in 
his  own  Campbellite  church,  that  I  ought  to  be 
hung ;  and  how  he  endeavored  to  incense  the 
citizens  of  Savannah  against  me,  and  prevent 
me  from  tearing  down  his  ragged  secession 
flag,  and  raising  the  Union  flag  in  its  stead. 

Mr.  HUDGENS.  If  the  gentleman  will  allow 
me,  I  will  state  that  he  is  laboring  under  an 
entire  misapprehension.  I  never  said  or  did 
anything  of  the  kind. 

Mr.  STEWART.  I  am  assured  the  gentleman 
did  make  a  speech  as  I  have  stated. 

Mr.  HUDGENS.  May  I  be  permitted  to  ex- 
plain? The  speech  to  which  the  gentleman 
alludes  was  made  in  my  own  city  of  Savannah, 
on  an  occasion  when  a  large  company  of  Ger- 
mans came  from  St.  Joseph,  with  the  gentle- 
man himself  at  their  head.  There  was  great 
excitement  among  our  people  in  regard  to  it, 
and  as  I  saw  they  were  likely  to  organize  them- 
selves into  a  mob,  I,  with  others— some  of  the 
principal  men  of  our  county,  men  of  high 
standing,  and  who  wanted  peace — thought  the 
best  means  of  preserving  peace  would  be  to 
open  the  doors  of  that  church,  and  invite  all  the 
States-rights  men  therein,  and  make  speeches 
to  them,  so  as  to  prevent  them  from  mingling 
and  fighting  with  the  crowd  from  St.  Joseph. 
These  men  were  called  off  to  insure  the  gent's 
own  protection,  and  nothing  else. 

Mr.  STEWART.  I  will  ask  the  gentleman  if 
he  did  not  say  that  the  best  way  to  dispose  of 
the  Union  cause  in  that  section  was  to  dispose 
of  myself. 

Mr.  HUDGENS.  I  said  no  such  thing  then, 
nor  at  any  other  time.  I  did  every  thing  I  could 
to  protect  you.  I  never  said  that  you  ought  to 
be  hung,  and  the  man  who  asserts  it  declares 
a  falsehood.  I  did  every  thing  I  could  to  keep 


52 


down  a  riot  on  the  occasion  to  which  you  have 
referred,  I  called  a  meeting  in  the  church  for 
the  purpose  of  allowing  you  to  make  your 
speech,  arid  to  prevent  any  one  from  interfe- 
ring with  you. 

Mr.  STEWART.  I  will  inform  this  Conven- 
tion that  I  never  at  any  time  labored  under  the 
slightest  apprehension  of  being  attacked  by 
any  secessionist  in  Andrew  county,  or  any- 
where else.  It  is  true  I  went  to  Savannah  in 
company  with  some  of  my  friends  from  St.  Jo- 
seph— some  Whigs  and  some  Democfats.  I 
went  there,  because  I  knew  the  gentleman,  af- 
ter his  return  from  Jefferson  city,  made  inflam- 
matory speeches  against  me,  denouncing  and 
threatening  to  hang  me  if  I  came  to  his  town. 

Mr.  HUDGENS.  I  state  emphatically  that  I 
did  not  allude  to  you  at  all. 

Mr.  STEWART.  Well,  then,  you  made  a 
speech  denouncing  the  Convention  in  the  most 
bitter  terms,  and  its  members  as  traitors  to  the 
Government  and  State,  and  as  worthy  a  luna- 
tic asylum. 

Mr.  HUDGENS.  Do  I  understand  the  gentle- 
man to  say 

Mr.  STEWART.  I  am  going  on  with  my 
speech. 

Mr.  HUDGENS.     Well,  I  claim  the  right 

Mr.  STEWART.  Well,  I  claim  the  right  to 
say,  most  emphatically,  that  the  speech  which 
the  gentleman  made  contained  the  gall  and  bit- 
terness of  secession  itself. 

Mr.  HUDGENS.    Was  the  speech  published  ? 

Mr.  STEWART.  He  wanted  to  run  out  all 
the  "  Yankees,"  as  he  termed  them. 

Mr.  HUDGENS.     I  raise  a  point  of  order.     I 
wish  to  know  if  the  gentleman  has  the  right  to 
misrepresent  me  in  this  manner. 
.  Mr.  STEWART.     I  am  personally  responsi- 
ble for  my  statements. 

The  PRESIDENT.  The  Chair  has  no  means 
of  knowing  whether  the  gentleman's  represen- 
tations are  correct  or  incorrect,  but  he  will 
require  the  gentleman  hereafter  to  confine  him- 
self more  to  the  question. 

Mr.  STEWART.  Very  well,  sir.  But  I  wish 
the  gentlemen  of  this  Convention  to  under- 
stand the  position  which  the  gentleman  from 
Andrew  occupies.  I  wish  them  to  understand 
that  he  has  from  the  first  been  in  sympathy 
with  Jackson.  And  speaking  of  Jackson,  re- 
minds me  of  a  little  incident  in  connection  with 
this  abdicated  traitor.  I  remember  last  spring 
I  went  up  to  Jefferson  city,  and  stopped  at  a 
house  opposite  the  Governor's  mansion  j  and 
•very  morning  when  I  got  up,  the  first  thing 


that  met  my  gaze  was  a  little  secession  flag, 
stuck  out  in  a  flower-pot  which  I  bought  my- 
self, but  never  designed  it  for  such  an  infa- 
mous purpose  as  that.  The  sight  of  this  rat- 
tlesnake flag  was  very  annoying,  and  I  felt  I 
should  be  under  the  disagreeable  necessity  of 
taking  it  away.  Just  at  that  time,  however, 
everybody  was  scared,  as  Price  and  Jackson 
had  ordered  all  the  women  and  children  to 
leave,  and  the  Knights  of  the  Golden  Circle 
had  established  a  perfect  reign  of  terror.  I 
gave  notice,  however,  that  I  should  speak  in 
the  courthouse  on  a  certain  night ;  and  I  did 
speak,  although  they  threatened  to  bring  the 
guns  of  the  Penitentiary  to  bear  upon  me  if  I 
made  the  attempt.  I  took  occasion,  during  my 
speech,  to  allude  to  this  secession  flag  in  no 
very  complimentary  terms,  and  the  next  morn- 
ing I  saw  the  flag  had  disappeared.  After  that 
I  went  to  St.  Joseph,  and  there  I  learned  Jeff. 
Thompson,  at  the  head  of  a  mob,  had  stolen 
the  guns  from  the  Liberty  Arsenal ;  and  I  be- 
lieve the  honorable  gentleman  from  Andrtw 
sympathized  with,  if  he  did  not  take  part 
in,  that  movement.  At  any  rate,  this  armed 
band  of  secessionists,  numbering  some  four  or 
five  thousand,  went  to  St.  Joseph  just  before  I 
got  there,  and  stuck  their  secession  rag  upon 
the  matket-house ;  and  I  think  the  gentleman 
from  Andrew  made  a  speech  on  that  occasion. 
The  Knights  of  the  Golden  Circle— that  dam- 
nable band  of  traitors,  hatched  in  iniquity  and 
nurtured  by  midnight  conspiracy — tore  down 
the  stars  and  stripes,  and  put  up  theii;  seces- 
sion rag;  and  on  a  subsequent  occasion  I  de- 
nounced the  outrage  as  it  deserved.  They  told 
me  I  would  be  afraid  to  go  to  Andrew  county 
and  make  use  of  the  same  remarks  that  I  had 
delivered  at  St.  Jo.,  as  Mr.  Hudgens  would 
appear  against  me.  I  immediate!}'  gave  notice 
that  in  six  days  from  that  time  I  would  go  to 
the  courthouse  at  Savannah  and  make  the  same 
speech,  in  the  gentleman's  own  town.  I  did 
go,  and  delivered  my  speech,  and  felt  no  ap- 
prehension as  to  my  personal  safety  j  because 
I  had  been  arrested. on  several  previous  occa- 
sions, and  these  men  with  the  lurking  devil  of 
secession  in  their  hearts  had  shown  that  they 
were  afraid  to  kill  me.  I  told  the  crowd  of 
secessionists  once  that  they  were  nothing  but 
a  rnob,  and  that  while  they  thought  they  were 
performing  a  great  feat  in  arresting  me,  yet 
they  dared  not  kill  me ;  "  because,"  I  said, 
"  you  know  the  moment  that  you  shed  my 
blood,  it  will  be.  like  shedding  the  blood  of  a 
heifer  on  the  meadow,  as  a  whole  herd  of  cat- 


53 


tie  on  a  thousand  hills  will  come  to  my  res 
cue."     Well,   I  made  my    speech,  and    wen 
home;  but,  soon  after,  these  cowardly  scoun 
drela  undertook  to  destroy  my  press  and  burn 
the  post-office,  and  all  their  movements  have 
been  characterized  by  acts  of  vandalism  suffi 
cient  to  disgrace  savages.     Yet  they  have  al 
ways  had  the  sympathy  of  the  gentleman  from 
Andrew.     I  am  not  surprised  that  the  gentle 
man  should  denounce  the  action  of  this  Con 
vention  so  bitterly.     He  has  always  been  op- 
posed to  its  action,  because  he  is  rebellious  a 
heart  and  in  sympathy  with  the  rebels  ;  and  ] 
believe  he  is  an   exchanged  prisoner  at  this 
present  moment.     [A  voice — "that's  a  fact."] 
But,  of  course,  that  is  a  matter  of  which  I  do 
not  care  to  speak. 

Mr.  Stewart  here  gave  way  to  Mr.  McFER- 
RAN,  who  presented  a  report  from  the  Com- 
mittee on  Civil  Officers,  in  the  shape  of  "  An 
Ordi-nance  to  abolish  certain  officers  and  re- 
duce the  salaries  of  others." 

Mr.  BROADHEAD.  As  a  member  of  this 
committee,  I  do  not  fully  agree  with  the  report, 
but  shall  content  myself  with  offering  amend- 
ments when  it  comes  up,  instead  of  offering  a 
minority  report. 

The  Report  was  laid  on  the  table,  200  copies 
ordered  to  be  printed,  and  made  the  special  or- 
der for  to-morrow. 

The  Convention  then  adjourned  to  3  o'clock. 


AFTERNOON    SESSION. 

Mr.  STEWART,  being  entitled  to  the  floor, 
resumed  his  remarks,  and  spoke  at  considera- 
ble length  in  denunciation  of  the  Southern 
Confederacy,  and  concluded  by  expressing  the 
hope  that  the  rebels  would  speedily  be  cleared 
from  the  State.  He  was  not  in  favor  of  show- 
ing any  great  leniency  to  them  j  he  thought 
the  best  plan  was  to  fight  the  devil  with  fire ; 
or,  in  other  words,  that  the  counterpart  part 
of  guerrilla  warfare  was  guerrilla  itself ;  and 
the  next  thing  was  extermination — wiping  out 
the  rebels,  root  and  branch,  from  the  Slate,  of 
which  he  was  greatly  in  favor. 

Mr.  HUDGEN-J.  Mr.  President,  I  desire  to 
explain  a  personal  matter.  No  member  in  this 
house  regrets  more  than  I  do  the  necessity 
which  compels  me,  upon  the  present  occasion, 
in  occupying  the  time  of  this  body,  to  defend 
myself  from  a  personal  attack.  There  has 
never  been  a  period  in  my  life,  Mr.  President, 
when  I  could  so  far  forget  my  manhood,  and 
the  position  I  occupy,  as  to  avail  myself  of  an 


opportunity  to  inflict  a  wound  or  offer  an  in- 
sult to  any  one  under  such  circumstances.  If 
I  have  an  injury  against  a  man,  and  cannot  get 
satisfaction  in  the  ordinary  way,  I  will  not  at- 
tempt to  seek  it  under  circumstances  like  the 
present.  I  desire,  inasmuch  as  I  think  the  oc- 
casion demands  it,  to  leave  myself  upon  the 
record  in  a  proper  light  to  be  read  by  others, 
and  it  is  upon  that  principle  that  I  ask  the  in- 
dulgence of  the  house  until  I  am  allowed  to 
defend  myself  from  the  attack  made  upon  my 
honor  in  the  speech  of  the  gentleman  from 
Buchanan  (Mr.  Stewart).  In  the  first  place, 
he  tells  you  that  I  was  elected  in  my  district 
as  a  Union  man,  and  then  misrepresented  my 
constituency,  and  even  refused  to  take  the  oath 
to  support  the  constitution.  It  will  be  borne 
in  mind  that  I  did  not,  as  a  member  of  this 
Convention,  object  to  the  oath.  That  question 
was  debated,  and  I  inquired  if  the  oath,  when 
taken,  would  have  a  certain  effect.  I  had 
no  idea  of  making  any  objections  to  taking 
the  oath.  The  journals  will  show  this :  that 
the  subject  was  debated  by  Union  men,  and  I 
propounded  a  question  to  the  Chairman  of  the 
Convention,  Judge  Gamble,  as  to  what  would 
be  the  effect  of  taking  the  oath,  and  that  was 
all.  I  doubted  the  propriety  of  the  oath,  yet 
had  no  objection  to  taking  it. 

Now,  the  gentleman  has  alluded  to  a  procla- 
mation, as  he  is  pleased  to  c,all  it,  alleging  that 
I  showed  it  to  him  while  on  the  way  to  this 
Convention  in  March  last,  and  he  avers  that  I 
have  departed  from  the  policy  therein  laid 
down.  Now,  I  wish,  Mr.  President,  to  present 
that  proclamation  to  this  body,  (or,  rather,  cir- 
cular I  suppose  he  means,)  in  order  to  show 
that  the  gentleman's  statement  is  without 
foundation.  1  desire  that  that  circular  letter 
i)e  read  and  compared  with  my  published 
speeches. 

The  Clerk  then  read  the  following,  at  the 
request  of  Mr.  Hudgens  : 

JUDGE  HUDGENS'  LETTER. 
f  To  the  Editor  of  the  Northwest  Democrat. 

"Sir: — I  hope  you  will  permit  rne  to  cor- 

ect,  through  the  columns  of  your  paper,  a  few 

ncorrect  reports  in  regard  to  my  position  on 

he  question  which  now  agitates  the,  public 

mind.     As  to  the  delegates  to  the  Convention, 

suggest  that  we  select  tried  and  true  men — 

men  who  love  the  Constitution  and  the  Union 

s  it  was  given  us  by  our  fathers.     I  profess 

o  be  a  Union  man,  but  do  not  belong  to  the 

o-called   Union  party  lately  formed   in    this 

art  of  Missouri,  out  of  the  broken  down,  dis- 


54 


appointed  and  spavined  politicians  of  the  dif- 
ferent political  parties,  with  the  Abolitionists 
and  enemies  to  the  institutions  and  interests  of 
Missouri,  who  would  sell  their  dearest  inter- 
ests for  power.  They  cry  '  Union/  to  deceive 
the  unsuspecting,  in  order  to  build  up  a  new 
party,  for  the  purpose  of  abolishing  slavery  in 
this  State,  and  gaining  place  and  power.  This 
is  no  time  for  such  men  ;  the  hour  is  too  peril- 
ous. We  want  men  whose  antecedents  show 
that  they  have  been  for  the  Union,  and  love  it 
for  what  it  cost,  for  what  it  has  done,  and  for 
what  it  would  do  for  us,  if  preserved  and  car- 
ried out  with  the  spirit  and  the  manner  intend- 
ed by  our  fathers;  such  men  as  will  mourn  if 
it  should  be  destroyed,  like  a  child  at  the  fu- 
neral of  its  mother,  and,  long  after  it  is  de- 
stroyed, hope  that  it  will  still  live  again,  hav- 
ing done  all  that  they  could  to  preserve  its  life. 
"As  important  duties  will  devolve  upon  the 
members  of  the  Convention,  they  should  be 
lovers  of  the  Constitution  and  the  Union  ;  they 
should  be  conservative,  compromise  men.  Mis- 
souri should  stand  with  the  border  States  — 
Kentucky,  Tennessee,  Virginia,  and  Maryland 
— demanding  of  the  North  justice  to  the  South, 
and  a  permanent  settlement,  now  and  forever, 
of  the  slavery  question,  that  we  may  have  no 
more  agitation  between  the  North  and  the 
South,  but  each  respect  the  rights  of  the  other. 
This  cannot  be  done  in  haste — it  will  take  time. 
The  Convention  will  not  adjourn  the  first  day, 
as  we  have  heard. 

^Missouri  should  be  heard  by  both  the  North 
and  the  South,  demanding  what  is  right,  and 
submitting  to  nothing  wrong.  She  need  not 
advocate  secession  or  disunion,  but  should  stand 
between  the  North  and  the  South,  and  plead 
for  compromise  and  peace.  She  must  stand 
with  the  slave  States  in  demanding  of  the 
North  justice  to  the  South.  And  after  all  hope 
of  reconciliation  and  peace  has  fled,  and  the 
remaining  sister  slave  States  have  formed  a 
separate  republic — the  Union  then,  of  course, 
having  been  dissolved — Missouri,  being  clear 
of  the  sin,  will  then  have  to  take  her  position 
iither  with  a  Northern  or  Southern  republic, 
or  stand  alone.  At  this  dreadful  crisis,  I  have 
no  hesitation  in  declaring  that  I  want  Missouri 
to  unite  her  destiny  with  the  South,  if  proper 
terms  can  be  made.  I  say  we  will  have  to  take 
a  position ;  and  taking  a  position  after  the  dis- 
solution of  the  Union  would  not  involve  us  in 
secession  or  disunion,  for  the  reason  that  there 
would  be  no  Union  to  dissolve  or  secede  from. 
"I  am  neither  a  secessionist  nor  submission- 


ist,  nor  am  I  for  coercion  or  for  war.  I  want 
every  thing  that  shall  be  done,  to  be  done  in  a 
spirit  of  compromise,  and  with  a  view  to  a  per- 
manent peace  in  any  event. 

P.  L.  HUDGENS." 

Mr.  STEWART.     What  is  the  date  of  that  ? 

Mr.  HUDGENS.  It  was  written  in  February, 
and  is  the  one  I  showed  you. 

Mr.  STEWART.  It  is  not  the  paper  you 
showed  me. 

Mr.  HUDGENS.  It  is  the  only  one  I  ever 
wrote. 

I  have  had  this  circular  read,  Mr.  President, 
for  the  purpose  of  showing  that  I  have  not  de- 
parted from  the  principles  therein  laid  down, 
and  also  to  show  the  treachery  of  the  man's 
memory.  Now,  I  have  to  say  to-day — and  I 
am  not  ashamed  nor  afraid  to  do  it — that  I  have 
no  desire  to  conceal  anything  from  this  body, 
or  from  any  gentleman.  Those  were  my  senti- 
ments when  I  uttered  them,  and  they  are  now 
my  sentiments,  and  I  for  one  am  willing  to 
avow  them.  The  gentleman  mistakes  me,  and 
does  me  injustice,  when  he  insinuates  that  I 
am  capable  of  representing  my  people  unfair- 
ly. I  do  not  make  this  reply  to  his  remarks 
for  the  purpose  of  putting  myself  right  at 
home.  Every  man  who  knows  me  at  home, 
knows  that  I  am  no  negative  man.  They  know 
that  if  I  take  a  position,  I  will  stand  by  it  un- 
til convinced  of  its  error ;  and  the  ground  that 
is  good  enough  for  me  to  stand  upon,  is  good 
enough  for  me  to  fall  upon.  I  am  a  Southern- 
er by  birth,  education,  and  principle.  Now, 
in  regard  to  my  speech  at  St.  Joseph,  the  gen- 
tleman says  he  read  it,  and  yet  it  was  never 
published.  He  has  detailed  extract  after  ex- 
tract, and  yet  it  was  never  reported.  I  wish  it 
had  been. 

Mr.  STEWART.  I  say  it  was  published. 
Mr.  HUDGENS.  I  assert,  that,  so  far  as  my 
knowledge  goes,  it  never  was  published,  and 
I  appeal  to  his  colleague,  Mr.  Hall,  if  that 
speech  ever  did  appear  in  print.  There  was  a 
letter  published  which  alluded  to  the  speech 
and  pretended  to  give  some  of  the  passages. 
Some  man  wrote  an  account  of  the  meeting, 
and  stated  that  such  and  such  things  were  done. 
I  do  not  remember  all  that  was  said  on  that  oc- 
casion, but  know  that  the  speech  was  not  per- 
sonal j  that  the  only  lime  the  gentleman's 
name  was  mentioned  by  me,  was  when  I  was 
called  upon  to  read  the  votes  of  certain  parties 
in  this  Convention.  I  regretted  to  do  it,  but 
was  called  upon  and  could  not  refuse.  My 
speech  on  that  occasion  embodied  nothing 


55 


more  than  the  sentiments  which  are  contained 
in  my  speeches  published  in  the  Journal.  I 
did  not  advocate  the  whole  policy  which  this 
Convention  saw  fit  to  adopt.  I  suppose  th-»t  I 
had  the  right  of  a  freeman,  and  that  when  I 
was  addressing  my  constituents  I  had  the  right 
to  report  to  them  what  we  had  done  in  this 
Convention,  and  how  we  had  done  it.  I  sup- 
posed I  had  the  right  to  do  this,  and  I  had  no 
idea  that  there  would  be  any  criticism,  or  de- 
nial of  such  right  in  this  body  upon  it.  I  will 
say  this  :  I  do  not  charge  the  gentleman  from 
Buchanan  with  having  wilfully  misrepresented 
my  position  on  that  occasion.  He  was  not 
present,  and  the  only  knowledge  he  has  of 
what  my  position  was,  was  obtained  from  some 
individuals,  or  the  letter  which  misrepresented 
the  facts.  The  statements  he  has  made  are  en- 
tirely untrue  in  every  sense  and  form,  and  the 
speech  he  alluded  to  never  did  embody  the  sen- 
timents he  attributed  to  it.  He  charges  that 
the  next  thing  I  advised  was  that  he  and  oth- 
ers should  be  hung  at  Savannah.  I  desire  to 
state  here  exactly  what  I  did  say;  and  I  am 
responsible  for  what  I  say,  for  I  never  get  in 
a  condition  that  I  do  not  know  what  I  do. 

In  reference  to  that  meeting  at  my  town  in 
Savannah,  when  the  gentleman  announced  his 
intention  of  going  there  and  making  a  speech, 
I  expressed  myself  in  favor  of  his  coming.  I 
said,  "let  (he  people  know  it,  and  publish  it; 
and  when  he  comes,  let  the  people  honor  him 
with  a  hearing."  I  was  not  afraid  of  debate. 
I  knew  he  and  I  differed  on  some  important 
points  ;  but  I  wanted  him  to  have  a  respecta- 
ble hearing*  Unfortunately  for  him,  however, 
it  came  out  three  days  before  the  time  which 
had  been  announced  for  his  coming,  that  he 
would  bring  with  him  three  hundred  Germans 
from  St.  Joseph  to  pass  his  Union  resolutions 
in  Andrew  county.  Our  people  objected  to 
this :  they  were  unwilling  to  be  insulted,  as 
they  considered  that  they  would  be  by  the 
Governor's  bringing  in  others  to  sustain  his 
views;  and  in  consequence  of  this  act  a  large 
body  of  excited  men  collected  together  to  re- 
sent it.  I  did  all  I  could  to  calm  the  excited 
passions  of  these  men ;  and  yet  I  am  blamed 
for  what  I  did.  From  the  first,  I  had  been  de- 
termined to  keep  the  peace  in  my  county.  I 
was  unwilling  that  a  drop  of  blood  should  be 
shed  in  rny  district,  if  I  could  help  it;  but 
when  the  Governor  came  there  at  the  head  of 
three  hundred  Germans,  with  martial  music 
and  banners  flying — having  paid  their  passage 
on  the  railroad,  as  was  reported — I  thought 


blood  would  be  shed.  I  went  immediately, 
along  with  old  citizen-1  of  the  place,  and  took 
the  men,  in  the  crow.!,  one  by  one,  and  told 
them  that  we  must  not  interfere  with  the 
speeches  of  the  Governor  and  his  friends— let 
the  resolutions  be  passed,  and  the  meeting 
quietly  adjourn. 

The  Governor  says  I  went  to  a  church  and 
made  a  speech  ;  that  was  true.  The  plan  was 
to  organize  and  hold  a  meeting  of  States-rights 
men  in  the  church,  and  to  keep  them  in  doors 
by  making  speeches  to  them,  while  the  Gov- 
ernor was  passing  his  resolutions,  and  thereby 
prevent  the  two  crowds  from  mingling  togeth- 
er and  shedding  blood.  The  man  to  whom  he 
refers  was  authorized  to  take  a  position  where 
he  could  be  seen,  and  proclaim  that  every  man 
on  the  States-rights  side  was  desired  to  go  to 
the  church  for  a  few  moments  ;  and  while- they 
were  thus  being  quietly  drawn  away,  I  have 
no  doubt  but  that  the  Governor  thought  this 
was  for  the  purpose  of  preventing  him  from 
making  his  speech  to  them.  This  was  a  mis- 
take. We  had  collected  these  men,  and  I  made 
a  speech  to  them  for  the  purpose  of  dispers- 
ing the  crowd  and  to  prevent  the  shedding  of 
blood ;  but,  before  we  got  through,  the  cry  was 
raised  in  the  church  that  a  German  had  shot  a 
young  man,  and  in  spite  of  all  I  could  do  the 
crowd  rushed  into  the  street.  As  the  crowd 
advanced  to  the  scene  of  action  they  met  a 
young  man  who  had  been  shot,  and  it  was  said 
his  wound  was  mortal.  As  one  crowd  advan- 
ced  the  other  retreated  most  rapidly,  and  I 
leave  the  gentleman  to  say  how  they  all  got 
away,  and  what  sort  of  time  they  made  on 
their  retreat — whether  in  good  order,  or  not. 
To  describe  the  scene  would  be  dealing  in  per- 
sonalities, and  I  pass  it.  The  greatest  excite- 
ment prevailed,  and  it  was  said  that  the  men 
who  brought  the  Germans  to  Savannah  were 
responsible  for  the  murder,  and  Colonel  Bruce 
was  at  once  surrounded,  but  with  my  aid  and 
others  he  was  saved  out  of  great  danger,  and 
for  my  kindness  he  has  done  me  much  harm. 
Having  secured  his  safety,  I  then  did  every 
thing  I  could  to  prevent  any  further  injury  ; 
and  this  was  all  that  was  done.  I  am  sorry 
this  thing  was  brought  before  the  Convention  ; 
but  that  is  the  beginning  and  the  end  of  it. 

I  stated  no  such  thing  as  that  the  gentleman 
ought  to  be  hung  on  that  occasion,  neither  did 
I  advise  violence;  but,  on  the  contrary,  I  ad- 
vised the  reverse,  and  did  all  I  could  to  prevent 
any  disturbance.  And,  as  I  before  remarked, 
whatever  I  did.  I  am  not  ashamed  of. 


56 


But  i-tiil  the  gen<  it-man  prefers  another 
charge  against  me,  and  it  is  the  unkindest  cut 
of  all.  It  is  strange  that  he  could  look  at  my 
emaciated  form  to-day,  and  knowing  the  cause 

.  that  it  is  the  result  of  the  inhumanity  of  his 
Union  friends  and  constituents,  with  their  bay- 
onets, yet  allude  to  the  fact  that  I  am  or  have 
been  a  prisoner  of  war.  In  these  days,  there 
is  no  telling  how  hardened  men's  hearts  be- 
come— how  far  old  acquaintances  can  forget 
old  associations,  and  how  hard  they  can  strike 
at  old  friendships.  JN'ow,  if  it  will  be  any  sat- 
isfaction to  the  gentleman,  I  desire  to  admit 
this:  At  Jefferson  city,  I  feared  the  new  Gov- 
ernor would  multiply  the  difficulties  in  the 
State,  and  I  determined  to  say  what  I  thought 
the  result  would  be.  I  hoped  it  would  be  one 
of  peace,  as  my  published  speeches  show.  1 
then  believed  and  said  that  it  would  make  a 
battle-field  in  every  prairie  in  the  State.  You 
remember  what  excitement  our  action  at  Jef- 
ferson city  created.  After  the  Convention  ad- 
journed, I  made  a  few  remarks  to  the  people 
of  my  county  in  order  to  quiet  their  minds, 
and  to  help  in  maintaining  peace.  Some  time 
after,  some  of  Col.  Peabody's  command  came 
to  my  premises  at  a  late  hour  of  the  night  and 
knocked  at  the  door.  My  son  opened  the  door, 
and  two  bayonets  were  thrust  at  him ;  one 
struck  or  glanced  his  breast,  and  one  entered 
the  casing  of  the  door.  The  men  supposed  it 
was  me,  and  they  came  there  for  the  purpose 
of  my  destruction.  My  wife  screamed,  and 
the  family  were  terror-stricken  ;  and  the  men 

.  finally  departed,  supposing  they  had  done  the 

'  deed. 

I  went  down  the  next  morning  to  Col.  Pea- 
body's  camp  and  told  him  what  had  occurred. 
He  went  with  me  and  saw  where  the  bayonet 
entered  the  door,  and  seemed  much  mortified, 
stating  that  the  matter  should  be  investigated 
and  the  men  punished ;  charging  that  it  was 
done  without  his  knowledge.  I  said  to  him 
that  I  had  heard  a  rumor  that  he  intended  to 
arrest  me  for  something,  I  knew  not  what ;  he 
replied  that  it  was  not  true,  that  he  had  no 
thought  of  doing  it.  I  then  said  to  him  if  he 
should  desire  to  arrest  me  for  any  supposed 
offence,  that  I  would  give  myself  up  imme- 
diately if  he  would  notify  me  and  not  arrest 
me  before  my  family ;  he  said  he  would  do 
so,  but  had  no  idea  that  I  would  be  interrupt- 
ed. I  told  him  I  only  feared  such  men  as 
those  that  attempted  to  kill  me,  as  above  sta- 
ted. When  on  my  way  to  the  Convention, 
last  July,  I  was  informed  that  I  would  be  ar- 


rested in  St.  Louis.  While  I  was  stopping  a 
few  days,  I  requested  a  member  of  the  Con- 
vention— a  Union  man,  now  present,  to  let 
the  military  authorities  know  that  I  was  in  the 
city,  as  he  was  going  to  the  Arsenal ;  I  pre- 
sumed some  villian  had  made  a  false  affidavit 
against  me,  and  if  I  had  to  be  arrested,  I 
wanted  to  be  in  the  hands  of1  United  States 
officers,  and  I  would  deliver  myself  up  imme- 
diately at  any  place  they  might  direct.  I 
knew  my  enemies  would  spare  no  ;  ains  to 
have  me  arrested  and  mistreated  if  falsehoods 
would  enable  them  to  do  so. 

About  five  weeks  ago,  I  stepped  out  of  my 
door  about  two  o'clock  at  night,  and  soon  heard 
the  report  of  a  gun  at  a  distance  of  not  more 
than  ten  or  fifteen  feet  from  me,  and  it  is  a  pro- 
vidential circumstance  I  was  not  killed  on  the 
spot.  Immediately  after  the  gun  was  discharg- 
ed, I  found  myself  surrounded  by  at  last  one 
hundred  men,  who  arrested  me.  I  desired  to 
get  my  clothing  and  hat  before  being  taken 
away,  as  I  was  in  bad  health ;  but  I  was  in- 
stantly hurried  from  my  house,  without  my 
family  knowing  what  had  become  of  me, 
placed  upon  a  horse  and  run  off  a  distance  of 
twelve  or  fifteen  miles  into  Gentry  county. 

When  they  had  carried  me  about  seven 
miles,  they  made  a  short  stop.  Here  I  was  in- 
formed that  a  company  had  been  sent  back  for 
some  purpose  to  my  house.  I  was  at  this 
time  in  great  distress.  I  lost  all  concern  about 
my  own  safety,  and  neither  thought  nor  cared 
for  any  thing  but  my  family.  I  knew  my 
family  would  be  robbed,  and,  perhaps,  abused, 
by  a  band  of  cut-throats  and  villains.  No  one 
but  a  husband  and  father  can  appreciate  my 
feelings  at  that  moment.  It  was  not  long, 
however,  before  the  robbers  returned,  boasting 
of  their  captured  prizes.  When  I  arrived  at 
head  quarters,  a  general  shout  rent  the  air, 
and  long  and  loud  yells  went  up  from  every 
quarter  of  the  encampment.  I  was  ordered  to 
dismount  at  Col.  Manlove  Crayner's  head- 
quarters, who  admitted  that  he  had  ordered 
my  arrest  for  making  a  speech  in  a  rebel  camp, 
(as  he  said  he  had  heard;)  pretended  he  was 
sorry  that  he  had  ordered  the  arrest  until  bet- 
ter advised  in  the  premises.  But  when  I  re- 
membered that  he  was  a  bitter  enemy,  and  had 
nursed  his  wrath  for  several  years,  I  knew  it 
was  revenge,  and  nothing  else.  He  was  not 
an  officer,  but  had,  as  he  said,  2,000  men,  and, 
as  I  understood,  not  one  of  them  in  the  ser- 
vice of  the  Federal  or  State  authority.  They 
were  generally  constituents  of  the  gentleman 


57 


from  Buchanan,  and,  like  him,  were  trying  to 
find  out  whether  we  had  a  Government  or 
not.  Sometime  after  I  arrived  at  camp,  I 
learned  that  one  of  my  sons  was  outside  of  the 
lines  with  some  clothing  for  me,  and  wanted 
to  come  in.  Col.  Crayner  sent  for  him ;  he 
had  not  heen  in  the  tent  but  a  few  moments 
until  the  crowd  which  had  heen  standing 
around  me,  abusing  and  threatening,  commen- 
ced increasing  rapidly,  and  appeared  to  be 
very  much  excited.  I  learned  from  them  and 
the  Colonel  in  command  that  they  were  dis- 
cussing the  propriety  of  assassinating  both  of 
us.  David  Crayner,  a  brother  of  the  Colonel — 
whose  kindness  and  patriotic  spirit  I  can  never 
cease  to  remember — made  a  bold  speech  in 
the  midst  of  the  mob,  denouncing  every  man 
as  a  coward  and  villain  who  would  attempt  to 
assassinate  either  of  us.  Judge  Edwards,  of 
Iowa,  also  addressed  the  crowd,  telling  them 
that  if  they  assassinated  either  of  us,  Iowa 
would  withdraw  her  troops  from  the  State  ; 
that  they  would  not  help  assassinate  men ; 
that  the  old  man,  as  he  said,  no  doubt  was  a 
great  rebel,  but  he  was  an  unarmed  prisoner; 
that  my  son  was  admitted  in  camp,  and  no 
charges  made  against  him ;  he  came  as  a  son 
should  do,  to  see  his  father,  and  carry  the 
news  to  his  distracted  mother. 

Judge  Edwards  concluded  by  saying  that 
the  people  of  his  State  would  help  sustain  the 
Constitution  and  laws,  but  would  not  aid  or 
countenance  assassination.  A  third  speech 
was  made  by  a  citizen  of  Iowa,  and  the  crowd 
dispersed.  Had  it  not  been  for  these  speech- 
es, nothing  but  the  terrible  right  arm  of  Prov- 
idence could  have  saved  us  from  a  cruel 
death.  We  were  saved  as  Daniel  was  in  the 
lions'  den.  It  is  worthy  of  remark  that  all 
this  time  an  old  white-headed  man  was  curs- 
ing me,  arid  saying  it  would  be  down  upon  his 
dying  pillow  to  shoot  a  ball  through  my  heart. 
It  is  also  proper  to  state  that  Judge  Edwards' 
regiment  had  not  arrived,  the  Judge  making 
his  appearance  a  few  moments  before  making 
his  speech.  I  will  not  attempt  to  describe  my 
feelings  during  this  time — language  would  fail 
me.  Sad,  indeed,  were  those  moments.  "My 
son  !  Oh  my  son  !  Would  to  God  I  could 
die  and  save  him."  His  affection  for  me  had 
involved  him  in  the  difficulty.  I  saw  no 
chance  for  his  life.  My  thoughts  traveled 
fast  from  his  present  condition  to  the  fatal 
hour  when  Union  bayonets  (as  they  were  call- 
ed), but  a  few  weeks  before,  were  brought 
aground  his  affectionate  and  lovely  wife,  in  the 


morning  of  her  life,  and,  owing  to  her  delicate 
health,  was  thrown  into  convulsions  and  hur- 
ried to  an  untimely  grave,  with  her  infant 
babe ;  and  now  the  husband,  by  the  same 
agency,  to  be  assassinated  !  But  let  a  vail  for 
the  present  be  thrown  over  these  wretched 
moments  and  inhuman  transactions.  Better 
counsel  prevailed,  and  it  was  determined  to 
release  my  son,  and  dispose  of  me  at  a  more 
convenient  time.  He  was  taken  some  four 
miles  from  camp  by  two  of  his  Kansas  friends 
to  protect  him — (Kansas  was  his  home.)  I 
never  felt  more  pleased  at  any  event  4han 
when  I  saw  him  delivered  safely  from  the 
mob.  I  was  taken,  in  a  few  days,  from  this 
county  to  St.  Joseph.  For  the  sake  of  brevi- 
ty, I  pass  over  many  cirumstances  that  might 
he  of  interest  to  the  gentleman  from  Buchanan. 
Suffice  it  to  say,  soon  after  our  encampment  at 
St.  Joseph,  the  destroying  angels  of  darkness 
of  that  city,  with  many  kindred  spirits  from 
Savannah,  appeared  around  my  tent,  and  an 
organization  was  formed,  consisting  of  three 
hundred  and  ten  men.  Having  entered  into  a 
covenant  to  murder  me,  they  then  concluded 
to  cast  lots  to  see  who  should  have  the  honor 
of  doing  the  deed.  This  I  was  told  by  Col. 
Crayner  and  others  in  command ;  that  some 
approved  of  the  measure,  whilst  others  were 
opposed  to  it;  some  in  favor  of  it  outside  the 
organized  body  of  three  hundred  and  ten,  and 
that  he  wrould  prevent  it  if  he  could,  but  fear- 
ed he  might  be  killed  himself  if  he  said  much, 
as  he  was  without  legal  authority  to  act, 
neither  himself  nor  men  having  been  sworn 
into  service.  I  desire  to  say,  in  justice  to 
many  persons  in  the  command,  that  I  believe 
they  were  opposed  to  my  assassination,  and 
did  all  they  could  to  prevent  it,  when  it  seemed 
evident  that  the  deed  was  about  being  done. 
At  a  late  hour  of  the  night,  that  portion  of  the 
command  that  was  for  saving  my  life,  gather- 
ed around  my  tent,  and  placed  me  in  the  cen- 
tre of  some  two  hundred  men,  and  marched 
with  me  to  the  Buchanan  county  jail,  a  dis- 
tance of  about  two  miles.  This  I  approved  of, 
believing  that  as  the  jail  was  considered  very 
strong,  a  mob  could  not  enter  it.  I  was  not  put 
in  the  main  prison ;  I  was  taken  into  what  is 
called  the  reception  room,  or  outer  court.  I 
found  quite  a  number  of  respectable  citizens 
confined  for  no  offence  except  that  their  sym- 
pathies were  with  the  South.  The  jail  had  no 
terrors  for  me. 

I  only  regretted  that  I  was  not  in  the  main 
prison,  for  I  was  then  in  the  power  of  the  as- 


58 


sassins,  as  there  were  but  few  men  guarding 
the  door.  I  remained  here  several  days  ex- 
pecting every  moment  to  be  taken  out  by  the 
mob.  It  was  well  understood  that  I  was  left 
or  kept  in  that  position  so  that  I  could  be 
taken  without  breaking  the  jail.  I  became 
satisfied  my  life  was  endangered,  and  the  only 
question  was  how  I  could  be  disposed  of  with- 
out involving  the  officers  who  claimed  to  be  in 
command.  I  was  very  sick  and  was  denied 
medical  aid ;  part  of  the  time  had  nothing  to 
eat ;  my  friends  excluded  from  me,  not  allowed 
to  see  me  or  send  me  any  thing  to  eat ;  but 
this  was  not  the  fault  of  the  jailor,  as  he  did 
every  thing  in  his  power,  or  that  he  was  allow- 
ed to  do  for  me.  During  my  sojourn  in  this 
jail,  I  was  marched  to  the  depot  and  back  four 
different  times,  for  no  better  reason  than  to 
give  the  mob  or  an  assassin  a  good  opportuni- 
ty to  take  my  life,  as  I  then  and  now  firmly 
believe,  a  small  squad  of  men  guarded  me,  but 
could  not  have  protected  me  from  violence  if 
it  had  been  attempted. 

I  was  finally  put  on  the  car.  My  wife,  who 
had  been  endeavoring  to  see  me  for  several 
days  here,  made  her  appearance,  accompanied 
by  a  friend.  I  was  only  permitted  to  speak 
to  her  in  the  presence  of  officers,  and  but  a 
few  moments  at  that.  This  was  another  hard 
trial  that  can  not  be  described.  She  was  in- 
formed that  I  was  to  be  taken  to  Quincy,  Illi- 
nois. We  were  then,  instead  of  Quincy,  es- 
corted by  a  small  guard  to  Atohison,  twenty 
miles  down  the  river.  After  our  arrival  oppo- 
site Atchison,  on  the  Missouri  side  of  the  riv- 
er, our  car  was  detached  from  the  main  train 
and  kept  on  the  bank  of  the  river.  As  it  was 
well  understood  Dr.  Jennison's  jayhawkers 
were  at  or  near  this  place,  it  was  expected  or 
intended  that  this  car  load  of  rebels,  as  we 
were  called,  should  fall  to  the  tender  mercies 
of  these  men.  While  we  remained  here  ex- 
pecting every  moment  the  arrival  of  these 
"  Home  Guards,"  it  seems  there  was  some 
uneasiness  manifested  at  St.  Joseph  in  regard 
to  the  result  of  such  a  course.  Contrary  to 
our  expectations,  and  before  we  were  disturb- 
ed, an  engine  was  sent  from  St.  Joseph  to 
bring  us  back.  This  wicked  and  malignant 
transaction  was  covered  by  saying  it  was  a 
mistake.  I  now  saw  but  little  hope  for  my 
life.  I  was  aware  of  the  anxiety  of  my  fami- 
ly, and  the  extreme  sorrow  and  grief  of  my 
wife,  and  I  determined  to  have  my  condition 
at  once  changed.  I  sent  for  Col.  Crayner  and 
immediately  demanded  a  trial,  as  I  had  done 


from  the  first,  before  my  most  bitter  foes,  if 
preferred  by  them.  This  was  declined  upon 
the  ground  that  he  had  no  authority,  having 
not  as  yet  been  sworn  into  service.  I  then 
informed  him  that  I  demanded  a  change  of  his 
present  course  at  once — that  is,  if  it  was  his  in- 
tention that  my  life  should  be  taken,  to  have 
me  shot  at  once,  as  death  was  preferable  to 
such  a  life,  and  deliver  my  remains  to  my 
family  and  end  our  anxieties  and  struggles  at 
the  same  time.  This  he  would  not  consent  to 
do.  I  then  made  another  request  that  he 
would  send  me  to  St.  Louis,  where  I  would  be 
placed  in  the  hands  of  the  Federal  officers,  and 
could  be  aided  by  friends,  as  I  was  certain 
such  aid  would  be  allowed  by  Federal  officers 
or  soldiers.  I  was  of  course  in  great  distress 
and  anxiety  concerning  the  safety  of  my  fami- 
ly, as  they  had  been  driven  from  home  and 
all  that  was  dear,  and  now  a  band  of  outlaws 
were  quartered  on  my  premises,  in  one  of  my 
buildings,  having  already  destroyed  my  crop, 
and  were  now  engaged  in  destroying  my  prop- 
erty generally — even  searching  for  my  bed 
clothing,  which  had  been  concealed,  laying 
in  waste  every  thing  that  could  not  be  taken 
away.  My  property  was,  doubtless,  a  great 
temptation  for  men  who  were  too  respectable 
to  steal,  too  proud  to  beg,  and  too  lazy  to 
work.  It  was  not  for  committing  treason  that 
I  had  been  torn  from  the  bosom  of  my  family  ; 
in  addition  to  malice  against  me,  they  wanted 
to  rob  my  family,  and  throw  them  upon  friends 
to  be  protected  and  supplied  with  food,  as  they 
have  been.  This  vile  gang  arrested  me,  and 
live  and  destroy  my  subsistence.  I  am  ashamed 
to  acknowledge  that  they  are  generally  citi- 
zens of  my  own  county,  committing  these  out- 
rages. But  to  return  to  my  own  case.  I  was 
started  with  eight  other  prisoners  on  the  train 
to  Hannibal  and  St.  Louis  ;  I  was  hurried  off 
without  any  thing  to  eat,  having  tasted  nothing 
from  the  night  before  we  started  until  ten 
o'clock  the  next  night.  We  were  taken  to 
Quincy,  Illinois ;  arrived  there  at  a  late  hour, 
with  some  thirty  armed  men,  as  a  body 
guard.  We  were  marched  through  the  streets, 
some  two  or  three  miles  to  an  encampment 
near  the  city,  where  we  were  kindly  treated 
by  both  officers  and  men;  (this  was  some- 
hing  new  to  us.)  I  presumed  we  were  brought 
here  for  the  purpose  of  sending  us  to  Cairo, 
where  I  had  no  acquaintances  or  friends, 
but  the  Illinoians  ordered  us  to  St.  Louis- 
We  left  next  morning.  As  we  passed  through 
Quincy,  a  crowd  followed  us,  saying,  shoot 


59 


them,  hang  them,  &c.,  &c.  When  we  arrived 
at  St.  Louis,  I  came  very  near  losing  my  life 
by  an  officer  in  charge  of  me,  for  saying  to 
a  stranger  on  the  boat  if  he  saw  Col.  How- 
ard, a  friend  of  mine,  in  St.  Louis,  to  tell  him 
I  was  a  prisoner  on  my  way  to  the  Arsenal, 
very  sick,  and  wanted  assistance.  I  was  taken 
to  the  Arsenal  and  there  I  was  treated  with 
every  kindness  that  could  be  afforded  me. 
Some  fifteen  clays  after  my  arrest,  my  son 
went  to  Gen.  Price's  camp  and  got  me  ex- 
changed for  Col.  Marshall — not  because  I  was 
a  prisoner  of  war,  or  had  been  arrested  for 
treason,  as  the  gentleman  asserts,  but  because 
I  had  been  wrongfully  arrested.  Gen.  Fre- 
mont had  the  kindness  to  say,  at  the  time  of 
my  release,  that  they  had  determined  to  re- 
lease me,  as  there  was  no  charge  against  me. 
From  that  time  until  now,  I  have  been  cared 
for  by  those  who  were  strangers  then,  but  ac- 
quaintances now.  I  am  still  in  feeble  health, 
and  hardly  yet  able  to  be  here.  I  thought  it  my 
duty,  however,  to  come  here,  and  I  did  not 
feel  that  I  was  disgraced  or  a  prisoner  of  war. 
I  did  not  feel  when  lying  in  the  cold  jail,  in 
the  darkness  of  the  night,  expecting  that  my 
execution  would  take  place  at  any  moment, 
that  I  was  in  any  manner  disgraced.  I  was 
not  the  only  one  who  was  persecuted,  for  I 
remember  that  while  I  was  at  St.  Jo.,  ladies 
came  weeping  to  their  husbands,  the  most  re- 
spectable citizens  of  Buchanan  county,  and 
told  them  that  these  guards  of  the  State  had 
taken  the  last  particle  of  provision,  the  last  ear 
of  corn,  the  last  horse,  and  last  negro — that 
every  thing  had  been  swept  away,  and  that 
they  were  still  prowling  over  the  country,  tak- 
ing every  thing  as  they  went,  even  bed  cloth- 
ing, provisions  and  all;  yes,  there  were 
some  of  the  best  citizens  of  Missouri  in  that 


jail,  while  their  families  were  being  robbed, 
and  crying ;  ladies  were  asking  their  husbands 
what  they  should  do.  I  notify  the  gentleman 
that  these  were  his  own  constituents.  My 
family  came  to  me  with  the  information  that 
after  I  fiad  been  taken  away,  the  wretches, 
not  satisfied,  had  gone  back  and  driven  them 
away  from  their  own  homes ;  and,  not  content 
with  that,  they  had  taken,  or  been  in  search  of, 
the  bedding  and  clothing,  and  broken  the  fur- 
niture, so  that  now  my  family  is  dependent 
upon  friends,  and  this  mob  has  possession  of 
my  premises  and  has  consumed  every  particle 
of  my  hard  earnings  for  the  last  year.  I  am 
not  allowed  to  go  home,  and  my  life  is  threat- 
ened if  I  make  my  appearance  there.  Is  this 
the  mercy  that  the  new  Governor  is  meting 
out  ?  Are  we  to  be  subjugated  thus  and  not 
allowed  to  complain.  (Applause  in  the  lobby.) 

Mr.  GANTT.  I  move  the  arrest  of  those 
making  a  disorder. 

The  VICE-PKESIDENT.  The  Sergeant-at- 
Arms  is  directed  to  clear  the  lobby  of  those 
who  caused  this  interruption. 

Mr.  HUDGENS.  I  desire  to  return  my  thanks 
to  this  body.  I  did  not  expect  to  be  able  to 
meet  with  them.  I  am  frail  and  have  done 
myself  injustice ;  but  I  have  no  personal  re- 
venge. I  do  not  think  I  shall  be  here  again  to 
participate  in  the  proceedings  unless  some- 
thing should  arise  to  make  it  necessary  in  the 
course  of  the  discussion.  I  am  satisfied  a  ma- 
jority of  this  Convention  differ  with  me  in 
opinion,  but  I  believe  the  people  are  against 
them,  and  it  is  not  my  duty  to  set  up  a  factious 
opposition  to  the  will  of  the  majority  here.  I 
am  sorry  these  matters  have  been  brought  up, 
and  that  this  explanation  has  been  demanded. 

Mr.  GANTT  moved  to  adjourn. 


60 


FIFTH     DA.Y. 


TUESDAY,  October  15,  1861. 


Convention  met  at  10  A.  M. 

After  the  reading  of  the  journal,  Mr.  BIRCH 
rose  to  a  privileged  question.  He  said  :  As  the 
only  reparation  it  is  in  my  power  to  make  for 
the  unintentional  injustice  into  which,  it  seems, 
I  was  led  respecting  our  late  Door-keeper,  I 
ask  that  a  note  which  I  have  received  from  him 
this  morning,  be  read  by  our  Secretary  and 
entered  upon  our  journal. 

The  Secretary  then  read  the  following  note  : 
"  CALIFORNIA,  Mo.,  Oct.  11,  1861. 

"Hon.  JAMES  H>  BIRCH — Dear  Sir:  In  the 
Republican  of  the  12th  inst.,  you  are  reported 
as  having  asserted  that  'it  was  notorious  that  I 
was  now  serving  in  the  State  army,'  meaning,  I 
suppose,  the  army  of  Gen.  Price  of  this  State. 
Now,  sir,  I  cannot  believe  that  you  would  in- 
tentionally misrepresent  me,  but  I  cannot  let 
the  assertion  pass  unnoticed,  as  there  is  not  a 
shadow  of  foundation  for  the  assertion.  I  nev- 
er have  been  connected,  in  any  form,  shape  or 
manner,  with  any  army,  and  have  no  idea  of 
ever  having  any  connection  with  any  army.  I 
have  all  the  time  remained  a  peaceable  and  quiet 
citizen,  and  expect  to  remain  so.  Please  to  do 
me  the  favor  and  justice  to  correct  your  state- 
ment in  regard  to  me,  and  oblige, 
Yours,  respectfully, 

C.  P.  ANDERSON,  Doorkeeper  Conv." 

Mr.  PIPKIN  called  attention  to  the  subject  of 
mileage  of  members.  The  act  organizing  the 
Convention  authorized  the  payment  of  mileage 
to  members  from  their  homes  to  Jefferson  City; 
and  as  the  Convention  was  sitting  in  St.  Louis, 
he  thought  some  action  was  necessary. 

The  PRESIDENT  suggested  that  the  Commit- 
tee on  Accounts  ought  to  be  instructed  to  re- 
port in  regard  to  the  subject. 

Mr.  WELCH  offered  a  resolution  to  the  effect 
that  the  Committee  on  Accounts  be  instructed 
to  report  in  favor  of  allowing  members  mile- 
age from  their  homes  to  the  city  of  St.  Louis. 
Adopted. 

Mr.  WELCH  moved  that  the  Convention  pass 
over  the  regular  order,  and  take  up  the  ordi- 
nance in  reference  to  deferring  the  election. 

Mr.  McCoRMACK  offered  the  following : 


Resolved,  That  the  Governor  be  authorized 
to  issue  State  revenue  notes  to  the  amount  of 
two  million  dollars,  which  said  notes  shall  be 
accepted  at  par  by  all  State  officers,  and  in  all 
transactions  with  the  State.  They  shall  be  of 
the  denomination  of  $100,  $50,$25,  and  $10,  and 
shall  not  bear  interest,  but  shall  be  received  at 
any  time  the  same  as  gold,  for  all  revenues  of 
the  State ;  and  those  notes  which  do  no  not 
thus  come  back  to  the  State  in  payment  of 
taxes,  or  for  other  revenue,  shall,  after  three 
years  from  the  date  of  their  issue,  be  redeem- 
ed in  gold  on  demand,  on  presentation  of  the 
same  to  the  State  Treasurer,  or  such  agents  as 
the  Governor  may  appoint  for  this  purpose. 
And  every  such  revenue  note  coming  back 
to  the  Government  of  the  State  in  the  shape 
of  revenue  shall  be  cancelled  in  some  manner, 
and  not  be  issued  a  second  time.  Referred. 

Mr.  WELCH'S  motion  to  take  up  the  ordi- 
nance postponing  the  election  was  then  agreed 
to. 

Mr.  HALL  of  Buchanan.  I  think  this  is  a 
subject  upon  which  we  have  reflected  suffi- 
ciently; and  as  I  think  it  is  time  for  the  Con- 
vention to  agree  upon  something,  I  move  the 
previous  question. 

At  the  request  of  Mr.  Welch,  however,  the 
motion  was  withdrawn. 

Mr.  WELCH.  The  question  before  the  Con- 
vention involves  the  propriety  of  postponing 
the  election,  which  was  directed  by  us  at  our 
last  session,  for  Governor  and  other  offices, 
in  lieu  of  the  provisional  officers  elected  by 
this  body,  and  I  propose,  Mr.  President, 
briefly  to  submit  the  reasons  which  will  actu- 
ate me  in  the  vote  which  I  shall  give.  The 
journals  of  this  Convention  at  its  last  session 
will  show  that  I  voted  for  this  election  to 
come  off  in  November  of  the  present  year,  and 
a  sense  of  duty  compels  me  to  state  why  I 
shall  now  vote  to  undo  that  action  and  to  post- 
pone that  election  until  the  period  suggested 
by  the  committee  in  the  ordinance  submitted 
by  them  for  our  action.  I  trust,  sir,  that  the 
reasons  which  shall  govern  me  in  postponing 
the  election,  are  as  valid  and  satisfactory  as 


61 


those  which  induced  me  to  vote,  designatir. 
the  first  Monday  in  November  for  that  elec 
tion. 

No\v,  Mr.  President,  what  are  the  circum 
stances  by  which  we  are  at  present  surround 
ed,  and  which  are  by  many  of  us  deemed  suffi 
cent  to  justify  the  modification  of  our  formei 
action,  which  is  now  proposed  by  the  commit 
tee? 

During  the  regular  session  of  the  Legisla 
ture,  which  met  in  December  last,  in  view  oi 
the    lamentable    condition    of   public    affairs 
throughout  the  country,  a  bill  was  passed  call- 
ing a  State  Convention.     That  body  was  to  be 
the  peculiar  guardian  of  our  Federal  relations, 
and  to  decide  what  position  Missouri  should 
assume   in  the  fearful  crisis,   then  and   now 
upon  us.     This  body  was  elected  by  an  over- 
whelming majority  of  the  people  of  the  State, 
to  pronounce  the  status  which  this  State  should 
occupy.    In  obedience  to  that  law  of  the  Legis- 
lature they  met  in  Convention,  and,  after  a  full 
and  candid  deliberation  and  debate,  they  pro- 
nounced, that,  in  the  opinion  of  the  people  of 
the  State,  no  cause  existed  for  interfering  with 
the   then   existing    relations    which  subsisted 
between   Missouri   and    the   Federal   Govern- 
ment.    With  this  declaration,  they  adjourned. 
Shortly   after  our  adjournment,  the  Legisla- 
ture was   couvened  in  extraordinary  session. 
The  measures  of  that  body  were  well  calcu- 
lated, if  not  purposely  intended,  to  destroy  the 
status  of  Missouri,  as  just  declared  by  the  peo- 
ple of  the  State  in  Convention.    Gov.  Jackson, 
although  in  his  proclamation  of  May  recog- 
nized the  action  and  power  of  this  body,  yet 
by  his  conduct  he  did  every  thing  to  thwart 
the  will  of  the  people,  almost  unanimously  de- 
clared in  the  Convention.     I   shall  not  now 
stop  to  recount  the  various  steps  in  this  sad 
drama.     So   injurious   had  this  legislation  of 
the   extra-legislature   proved    itself  upon  the 
peace  and  welfare  of  the  State,  that  this  body 
was  called  together  to  take  such  action  as  it 
deemed  best  to  vindicate  the  sovereignty  of 
the  State  and  to  protect  its  institutions  from 
the  dangers  which  so  imminently  threatened 
them.     They  were  called  upon,  if  possible,  to 
assuage  the  storm  which  had  been, so  unjusti- 
fiably raised  by  the  Governor  and  Legislature, 
and,  in  the  discharge  of  that  duty,  this  Conven- 
tion deposed  the  Governor,  Legislature,  and 
other  officers,  and  filled  the  vacancies  thus  cre- 
ated,  except  the  Legislature,  by  provisional 
appointees.     They  also  repealed  those  acts  of 
the  Legislature  which  were  calculated  or  in- 


tended to  bring  Missouri  into  a  fearful  conflict 
with   the  authorities  of  the  Federal  Govern- 
ment.    Thus  it  was  that  the  people  witnessed 
two  antagonistic  legislative  bodies.     The  Con- 
vention, on  the  one  hand,  trying  to  preserve 
the  peace  of  the  State,  by  preserving  her  rela- 
tions with  the  Federal  Government ;  the  Legis- 
Uture,  on  the  other  hand,  trying  to  involve 
Missouri  in  the  fearful  civil  war  then  raging 
in  the  land,  by  its  efforts  to  sever  the  relations 
which  we   held  to  the  General   Government. 
This  was  the  aspect  of  public  affairs  at  that 
time.     The  voice  of  the  people  was  presumed 
to  be  expressed  by  the  Convention,  for  that 
body  was  called  into  existence  on  these  very 
questions.     The  Convention,  however,  in  this 
unfortunate  conflict  of  legal  authority,  deter- 
mined to  appeal  to  the  only  tribunal  recognized 
in  this  land  to  decide  these  momentous  issues 
for  themselves.     They  accordingly  with  great 
unanimity  adopted  an  ordinance  providing  for 
the  submission  of  their  action  to  a  vote  of  the 
people,  to  be  held  on  the  first  Monday  in  No- 
vember.    By  the  terms  of  that  ordinance  the 
people  had  the  right  to  pass  upon  our  action 
and  approve  or  condemn   it.     This  was  fair 
and  right,  besides  being  in  harmony  with  the 
genius  of  our  republican  government.     Here 
was  an  opportunity  given  to  decide  these  issues 
peacefully ;  for  if  the  people  should  disapprove 
the  action  of  the  Convention,  then  Governor 
Jackson  became  restored  to  his  office  and  every 
thing  would  have  been  settled,  without  that 
utter  ruin   of  all  our  material  interests  now 
visible  on  every  hand,  and  without  those  awful 
scenes  of  horror  which  invariably  attend  a  civil 
war.     Upon  the  verdict  of  the  people  this  Con- 
vention would  have  stood,  and  its  voice  they 
would  have  doubtless  obeyed.     Surely  no  ob- 
jection could  have  been  urged  to  such  a  settle- 
ment of  our  disputes  and  difficulties.      But 
such  a  settlement,  to  be  satisfactory,  must  be 
submitted  to  by  all.     We  have,  however,  con- 
clusive proof,  that  Gov.  Jackson  and  those  who 
are  engaged  with  him  in  precipitating  Missouri 
headlong  out  of  the  Union,  were  determined 
that  these  important  questions  should  not  be 
decided  by  an  appeal  to  the  people  at  the  bal- 
ot-box,  and  if  satisfactory  evidence  can  be  pro- 
duced of  this  fact,  of  course  it  would  be  worse 
;han  useless  ;  it  would  even  be  criminal,  to  in- 
cur the  dangers   and  hazard  of  innumerable 
tragedies  at  the  polls,  which  would  be  certain 
;o  occur,  if  the  decision,  when  given,  was  not 
o  be  obeyed. 

My  friend,  from  Clinton,  (Judge  Birch,)  in 


62 


his  remarks  the  other  day,  alluded  to  a  pro- 
clamation issued  by  Col.  J.  T.  Hughes,  a  Col. 
in  the  army  of  Gov.  Jackson,  in  which  he  de- 
clares that  the  election  ordered  by  this  Con- 
vention shall  not  be  held,  and  in  which  threats 
of  assassination  are  made  against  the  voters 
of  the  State  who  should  dare  to  exercise  the 
right  of  suffrage  on  that  occasion.  Some  gep- 
tlemen  on  this  floor  have  alluded  to  that  state- 
ment and  have  argued  that  Col.  Hughes  spoke 
without  authority,  and  that  Governor  Jackson 
should  not  be  held  bound  by  the  threats  thus 
made,  or  responsible  for  the  proclamation  is- 
sued by  this  blood-thirsty  military  gentleman. 
I  never  was  disposed  to  attach  much  impor- 
tance to  anything  which  might  emanate  from 
Col.  John  T.  Hughes,  neither  do  I  presume 
that  any  one,  who  is  at  all  acquainted  with 
him,  would  be  inclined  to  do  so.  In  this  in- 
stance, however,  I  must  think  that  considerable 
importance  should  be  attached  to  this  procla- 
mation, threatening  vengeance  on  the  people 
of  the  State  who  would  dare  to  vote  at  the 
time  designated  by  this  Convention  for  the 
election.  Evidence,  however,  of  the  highest 
degree  is  not  wanting,  to  show  that  such  is  no 
idle  or  unmeaning  threat,  and  I,  for  one,  am 
willing  to  throw  aside  the  testimony  furnished 
in  this  proclamation  of  Col.  Hughes,  and  ap- 
peal to  the  highest  authority  to  prove  the 
fact  that  Gov.  Jackson  and  his  adherents  are 
not  willing  to  settle  these  difficulties  peaceably, 
but  are  persistently  determined  to  settle  them 
in  another  manner.  This  decision  must  be 
mad9  at  the  sacrifice  of  all  our  best  interests, 
to  say  nothing  of  the  vast  number  of  valuable 
lives  that  must  be  destroyed  in  the  dreadful 
war  to  which  Gov.  Jackson  has  appealed.  If 
the  authority  of  Col.  Hughes  is  to  be  ques- 
tioned, let  us  for  a  moment  appeal  to  Gov. 
Jackson  himself,  and  out  of  his  own  mouth 
will  we  gather  the  evidence,  that  he  is  un- 
willing to  let  the  people  decide  their  differences 
peaceably  at  the  ballot-box ;  but  that  he  will 
destroy  every  interest  of  the  State,  rather  than 
submit  to  any  other  decision  than  such  as 
shall  result  from  the  issue  of  war. 

On  the  5th  day  of  August  last,  Gov.  Jack- 
son published  at  New  Madrid,  what  he  terms 
a  "  Declaration  of  Independence  of  the  State 
of  Missouri,"  in  which  occurs  this  passage  : 

"  The  acts  of  President  Lincoln  have  been 
indorsed  by  the  Congress  and  people  of  the 
Northern  States,  and  the  war  thus  commenced 
by  him  has  been  made  the  act  of  the  Govern- 
ment and  nation  over  which  he  rules.  They 


have  not  only  adopted  this  war,  but  they  have 
gone  to  the  extreme  of  inciting  portions  of  our 
people  to  revolt  against  the  State  authorities; 
by  intimidations  they  have  obtained  control  of 
the  remnant  left  of  a  Convention  deriving  its 
powers  from  those  authorities,  and  using  it  as 
a  tool,  they  have,  through  it,  set  up  an  in- 
surrectionary government  in  open  rebellion 
against  the  State.  No  alternative  is  left  us ; 
we  must  draw  the  sword  and  defend  our  sa- 
cred rights." 

Here  we  find  the  emphatic  declaration  of 
the  "  Commander-in-Chief"  of  the  Confeder- 
ate forces  in  the  State,  that  this  question  is  to 
be  decided  only  by  the  sword.  It  is  said,  "no 
other  alternative  is  left  us."  This  declaration, 
Mr.  President,  was  made  with  full  knowledge 
on  the  part  of  Gov.  Jackson,  that  this  Conven- 
tion had  provided  for  an  election  by  the  peo- 
ple, to  decide  the  fearful  issues  now  pending 
in  this  State.  Gov.  Jackson  refers,  in  the  pro- 
clamation alluded  to,  to  the  proceedings  of  this 
body,  and  professes  to  obtain  the  justification 
of  his  conduct  by  the  official  action  of  this 
Convention.  He  knew  that  we  proposed  to 
submit  our  whole  action  to  a  vote  of  the  peo- 
ple ;  he  knew  that  we  proposed  to  settle  our 
difficulties  peaceably  by  an  appeal  to  the  bal- 
lot-box, and  yet,  possessing  this  knowledge, 
he  openly  declares  that  he  makes  no  appeal  to 
the  people  and  will  not  submit  to  their  will  in 
the  premises  ;  but,  on  the  contrary,  declares 
that  "  no  other  alternative  is  left  us ;  we  must 
draw  the  sword  and  defend  our  sacred  rights." 
Here  is  enunciated  the  hateful  doctrine  of 
coercion.  He  refuses  to  let  the  people  act  like 
freemen  in  casting  their  suffrages,  but  the 
sword  is  invoked  to  decide  the  issue.  Gov. 
Jackson,  who  is  the  Commander-in-Chief  of 
one  of  the  opposing  armies  in  the  State,  hav- 
ing thus  refused  to  abide  the  issue  of  any 
other  tribunal  than  the  sword;  having  de- 
clared his  determination  not  to  submit  to  the 
verdict  of  the  people  at  the  polls,  it  follows, 
that  it-  would  be  folly  and  worse  than  folly — 
it  would  be  criminal,  to  hazard  the  turmoils 
of  an  election,  when  it  will  not  be  submitted 
to'.  It  is  very  questionable  whether  an  elec- 
tion could  be  held  at  the  time  heretofore  de- 
signated by  the  Convention,  without  there 
occurring  disturbances  and  murders  at  very 
many  of  the  election  precincts  in  the  State,  and 
to  incur  this  responsibility,  when  the  election 
is  submitted  to,  is  what  in  my  judgment  this 
Convention  should  not  do.  I  would  have  been 
highly  gratified  if  these  questions  could  have 


63 


been  decided  peaceably  at  the  polls ;  to  that 
derision  I  should  have  submitted,  and  I  think 
all  other  good  citizens  would  have  been  willing 
to  do  so.  It  is  in  view  of  these  circumstances, 
that  I  am  induced  to  vote  for  the  postpone- 
ment of  this  election  to  the  time  indicated  in 
the  ordinance  reported  by  the  committee,  and 
now  under  investigation. 

But  there  is  another  portion  of  the  extract 
from  Governor  Jackson's  "  Declaration  of  In- 
dependence" concerning  which  I  desire  to 
make  a  remark  or  two,  and  to  which  I  would 
direct  the  especial  attention  of  this  body. 
These  remarks  are  intended  to  show  the  utter 
groundlessness  of  the  reasons  given  by  Gover- 
nor Jackson  for  issuing  his  remarkable  decla- 
ration. 

It  will,  of  course,  be  remembered  that  this 
body  was  convened  by  the  Legislature  to  con- 
sider and  pass  upon  the  federal  relations  of  the 
State,  with  full  authority  to  authoritatively 
pronounce  the  legal  status  of  the  State.  All 
parties  so  regarded  it,  and  in  corroboration  of 
this  remark,  I  would  direct  your  attention  for 
a  moment  to  the  proclamation  of  Governor 
Jackson,  published  by  him  on  the  12th  day  of 
June,  1861,  in  which  he  calls  for  fifty  thou- 
sand volunteers.  This  proclamation  was  is- 
sued after  this  Convention  had  met  and  de- 
clared that  there  existed  no  sufficient  cause 
to  impel  Missouri  to  dissolve  her  connection 
with  the  Federal  Government,  and  of  that  re- 
solution Governor  Ja.ckson  was  informed. 

In  that  proclamation  Governor  Jackson 
says,  that  "in  issuing  this  proclamation,  I 
hold  it  to  be  my  solemn  duty  to  remind  you 
that  Missouri  is  still  one  of  the  United  States; 
that  the  Executive  department  does  not  arrogate  to 

itself  THE  POWER  TO  DISTURB  THAT  RELATION  J 
THAT  THAT  POWER  HAS  BEEN  WISELY  VESTED 

IN  A  CONVENTION,  which  will,  AT  THE  PROPER 
TIME,  express  your  sovereign  will;  and  that 
meanwhile  (that  is,  until  the  Convention  shall 
declare  your  sovereign  will)  it  is  your  duty  to 
obey  all  the  constitutional  requirements  of  the  Fed- 
eral Government." 

Here  it  will  be  seen,  Mr.  President,  that 
Governor  Jackson  expressly  repudiates  the 
idea  that  he  has  any  authority  to  "  disturb  the 
relation"  which  Missouri  holds  to  the  Federal 
Government,  and  declares,  boldly,  that  to  do 
so  would  be  to  "arrogate  to  himself"  powers 
which  the  people  had  "  wisely  vested  in  a 
Convention  ;"  and  yet  we  find  that  Governor 
Jackson,  in  the  short  period  of  less  than  two 
months  after  this,  in  his  memorable  "  Decla- 


ration of  Independence,"  proclaims  Missouri 
to  be  "a  free  and  independent  State."  Thus 
by  the  fiat  of  a  single  will,  we  find  that  cer- 
tain important  powers,  which  the  people  had 
"wisely  vested  in  a  Convention,"  have  been 
arbitrarily  assumed,  and  the  tie  that  bound 
Missouri  and  her  citizens  to  the  Federal  Gov- 
ernment is  rudely  sundered,  and  that  by  his 
edict,  not  only  himself,  but  all  other  State  offi- 
cials, who  had  taken  a  solemn  oath  "to  sup- 
port the  Constitution  of  the  United  States," 
are  to  be  forever  released  from  its  further  ob- 
ligation. I  charge  that  to  do  this  is  to  arro- 
gate to  the  Executive  the  power  to  disturb  the 
relation  which  subsists  between  Missouri  and 
the  Federal  Government,  and,  to  prove  that 
it  is  an  arrogation  of  power,  I  refer  to  the  ex- 
tract from  Governor  Jackson's  proclamation, 
which  I  read  a  few  moments  since.  But  I 
must  do  Governor  Jackson  the  justice  to  say 
that  he  assumes  this  power  because,  first,  the 
General  Government,  "by  intimidations,  has 
obtained  control  of  the  remnant  left  of  a  Con- 
vention deriving  its  authorities  from  the  peo. 
pie  of  the  State,"  and,  secondly,  by  virtue  01 
an  act  of  the  Legislature,  passed  on  the  10th 
day  of  May,  1861,  entitled  "  An  act  to  author- 
ize the  Governor  of  the  State  of  Missouri  to 
suppress  rebellion  and  repel  invasion."  These 
are  two  grounds  upon  which,  in  his  "  Decla- 
ration of  Independence,"  he  justifies  his  bold 
assumption  of  power  to  declare  Missouri  a 
free  and  independent  State.  I  shall  speak  of 
this  second  ground  of  power  and  justification  ; 
first,  to-wit,  the  power  which  he  professes  to 
derive  from  the  provisions  of  the  act  of  the 
Legislature  to  which  Governor  Jackson  al- 
ludes. 

The  following  is  the  whole  of  that  act,  and 
it  will  be  seen  how  little  justification  can  be 
found  here  for  the  power  claimed  : 

"AN  ACT  TO  AUTHORIZE  THE  GOVERNOR  OF  THE 
STATE  OF  MISSOURI  TO  SUPPRESS  REBELLION 
AND  REPEL  INVASION. 

"WHEREAS,  information  has  been  received 
that  the  city  of  St.  Louis  has  been  invaded  by 
the  citizens  of  other  States,  and  a  portion  of 
the  people  of  said  city  are  in  a  state  of  rebel- 
lion against  the  laws  of  the  State,  whereby  the 
lives  and  property  of  the  good  people  of  the 
State  are  endangered  ;  therefore, 
"  Be  it  enacted  by  the  General  Assembly  of  the 
State  of  Missouri  as  follows  : 

"SECTION  1.  That  the  Governor  of  the 
State  of  Missouri  is  hereby  authorized  to  take 
such  measures  as  in  his  judgment  he  may 


64 


deem  necessary  or  proper  to  repel  such  inva- 
sion or  put  down  such  rebellion. 

"  This  act  shall  take  effect  from  its  passage. 

"  Approved  May  10,  1861." 

Now,  strange  as  it  may  appear,  this  is  the 
law  under  which  Governor  Jackson  derives 
his  pretended  authority  to  declare  Missouri 
out  of  the  Union. 

That  I  do  not  do  Governor  Jackson  injus- 
tice in  making  this  charge,  I  quote  the  follow- 
ing from  the  "  Declaration  of  Independence," 
which  he  published  at  New  Madrid  in  August 
last  : 

"  The  General  Assembly  of  Missouri,  the 
recognized  political  department  of  her  Gov- 
ernment, by  an  act  approved  May  10,  1861,  enti- 
tled '  An  act  to  authorize  the  Governor  of  the 
State  of  Missouri  to  suppress  rebellion  and  repel 
invasion,'  has  vested  in  the  Governor,  in  re- 
spect to  the  rebellion  and  invasion  now  carried 
on  in  Missouri  by  the  Government  and  people 
of  the  Northern  States  and  their  allies,  the  au- 
thority 'to  take  such  measure  as  in  his  judg- 
ment he  may  deem  necessary  or  proper  to  re- 
pel such  invasion  or  put  down  such  rebellion.' 

"  Now,  therefore,  by  virtue  of  the  authority  in 
me  vested  by  said  act,  I,  Claiborne  F.  Jackson, 
Governor  of  the  State  of  Missouri,  appealing 
to  the  Supreme  Judge  of  the  world  for  the 
rectitude  of  my  intentions,  and  firmly  believ- 
ing that  I  am  herein  carrying  into  effect  the 
will  of  the  people  of  Missouri,  do  hereby  in 
their  name,  by  their  authority,  and  on  their 
behalf,  and  subject  at  all  times  to  their  free 
and  unbiased  control,  make  and  publish  this 
provisional  Declaration,  that  by  the  acts  and 
people  and  Government  of  the  United  States 
of  America,  the  political  connection  heretofore 
existing  between  said  States  and  the  people 
and  government  of  Missouri  is,  and  ought  to 
be,  totally  dissolved ;  and  that  the  State  of 
Missouri,  as  a  sovereign,  free  and  independent 
Republic,  has  full  power  to  levy  war,  conclude 
peace,  contract  alliances,  establish  commerce, 
and  to  do  all  other  acts  and  things  which  in- 
dependent States  may  of  right  do. 

"  Published  and  declared  at  New  Madrid, 
Missouri,  the  fifth  day  of  August,  in  the  year 
of  our  Lord  eighteen  hundred  and  sixty-one. 
CLAIBORNE  F.  JACKSON, 

Governor  of  Missouri." 

Now,  Mr.  President,  I  would  observe  that  if 
the  act  alluded  to  by  Governor  Jackson  in 
his  Declaration  of  Independence,  the  whole 
of  which  I  have  quoted,  does  give  te  the 


Governor  the  power  which  he  claims,  then  the 
act  must  be  unconstitutional  and  therefore  void, 
for  the  Legislature  has  no  such  power.  Hav- 
ing no  constitutional  power  themselves  to  de- 
clare Missouri  to  be  "  a  free  and  independent 
State,"  they  surely  could  not  delegate  such  a 
power  to  the  Governor  and  leave  it  to  the  dis- 
cretion of  one  man  to  declare  the  destinies  of 
this  great  State.  I  repeat  it,  that  if  this  act 
bears  the  construction  which  Governor  Jack- 
son places  upon  it,  it  is  unconstitutional  and 
void,  and  confers  no  power  at  all.  This  Con- 
vention was  called  for  the  very  purpose  of 
passing  upon  this  great  question,  and  called  by 
the  Legislature  for  the  very  reason  that  they 
had  no  power  to  pass  upon  them  ;  for  so  long  as 
Missouri  remained  in  the  Union,  they  could 
only  act  in  subordination  to  both  the  Consti- 
tution of  the  United  States  and  of  this  State. 
But  the  act  does  not  and  can  not  bear  the 
construction  which  Gov.  Jackson  places  upon 
it.  The  act  alluded  to  is  a  local  act.  It  re- 
fers to  a  rebellion  "  in  the  city  of  St.  Louis,"  and 
declares  that  "  a  portion"  of  the  people  of  that 
city  are  rebellious,  and  then  authorizes  the  Gov- 
ernor to.  "take  such  measures  as  in  his  judg- 
ment he  may  deem  necessary  or  proper  to  re- 
pel such  invasion  and  put  down  such  rebellion." 
Now,  it  would  occur  to  the  mind  of  every  can- 
did gentleman,  that,  under  the  provisions  of 
an  act  to  suppress  rebellion  "  in  the  city  of  St. 
Louis,"  the  Governor  could  hardly  have  power 
to  declare  the  whole  State  out  of  the  Union, 
and  yet  he  has  done  so.  The  truth  is,  that  the 
act  of  the  General  Assembly  under  which  Gov. 
Jackson  professes  to  act,  does  not  convey  the 
slightest  allusion  to  the  right  or  power  which 
he  claims,  and,  by  the  express  terms  of  the  act 
itself,  it  is  merely  a  local  statute,  applicable 
only  to  the  suppression  of  a  supposed  rebellion 
in  the  city  of  St.  Louis.  It  must  not  be  for- 
gotten, however,  Mr.  President,  that  this  act 
was  passed  on  the  lO^A  day  of  May,  1861,  and 
that  although  it  was  in  force  (as  a  matter  of 
course)  on  the  12th  day  of  June,  1861,  the  day 
on  which  Gov.  Jackson  issued  his  call  for  fifty 
thousand  men,  yet  that  official,  in  that  call, 
uses  the  language  I  have  heretofore  quoted,  to 
wit:  "that  Missouri  is  still  one  of  the  United 
States  ;  that  the  Executive  Department  of  the 
State  Government  does  not  arrogate  to  itself 
the  power  to  disturb  that  relation;  that  THE  POWER 

HAS  BEEN  WISELY  VESTED  IN  A  CONVEN- 
TION," &c.  Now,  if  the  power  to  disturb  the  re. 
lations  which  subsisted  between  the  people  of 
Missouri  and  the  Federal  Government  was 


65 


.ivly   it  could  not 

;  at  the  same  time  in  a  mere  Legislative 
:i)bly  ;  and  if  it  could,  that  Legislative  As- 
sembly could  not  delegate  that  power  to  the 
Executive,  to  be  used  at  his  discretion.  The 
fact  that  this  law  Avas  in  force  when  Gov.  Jack- 
son admitted  the  power  was  in  the  Convention, 
proves  that  he  himself  did  not  regard  the  act 

uveying  the  power  in  question  to  him;  or, 
if  he  did  regard  the  act  as  granting  the1  power, 
then  he  becomes  guilty  of  a  deliberate  false- 
hood and  deception  in  repudiating  the  power 
for  himself  and  acknowledging  that  it  belonged 
to  the  Convention.  The  true  solution  of  this 
matter  I  apprehend  to  be  about  this,  that  so 
long  as  (iov.  Jackson  had  hopes  that  he  could 
coerce  the  Convention  into  the  passage  of  an 
ordinance  of  secession,  he  was  ready  and  will- 
ing to  acknowledge  that  the  power  was  in  that 
body  ;  but  when  he  found  that  the  Convention 
would  not  endanger  the  peace  and  institutions 
of  the  S'ate  by  a  resort  to  that  species  of  legis- 
lation, and  he  therefore  had  been  thus  far  de- 
feated in  his  attempt  to  force  Missouri  from 
the  Union,  he  then  sought  some  other  means 
to  accomplish  that  purpose,  and,  as  a  mere  af- 
terthought, he  resorts  to  the  act  of  the  General 

iiibly  to  which  I  have  referred.  But  I  re- 
ally think  that  Cov.  Jackson  was  sadly  unfor- 
tunate in  app-  alii,g  to  a  local  statute,  authoriz- 
ing the  suppression  of  riots  and  insurrection  in 
a  single  city  in  the  State,  for  his  authority  to 
sever  the  relations  which  had  subsisted  Be- 
tween the  people  of  Missouri  and  the  Federal 
Government  for  more  than  forty  years,  and 
that  without  any  vote  of  the  people  to  author- 
ize or  sustain  him.  I  think  I  have  shown  suc- 
cessfully, Mr.  President,  that  Gov.  Jackson 
could  derive  no  authority  from  the  act  of  the 
Legislature  in  question  for  his  "  declaration  of 
independence." 

His  other  excuse  is  that  this  Convention,  at 
its  late  session  in  Jefferson  city,  was  a  mere 

mi  of  the  original  body,  and  that  therefore 
it  was  not  entitled  to  exercise  the  authority 
which  he  himself  had  before  admitted  to  pos- 
its authority,  therefore,  was  not  to  be 
respected.  To  any  one  at  all  acquainted  with 
deliberative  assemblies,  this  assumption  will 
only  be  regarded  with  contempt.  The  only 
question  is,  was  t/c  re  <i  quorum  present  to  do  busi- 
ness? If  there  was  a  quorum,  then  all  their 
acts,  within  the  scope  of  their  authority,  are 
valid  and  binding.  Now,  what  are  the  facts  in 
this  regard?  This  Convention  is  composed, 
when  full,  of  ninety-nine  members,  or  three 


members  for  each  member  of  the  State  Senate. 
The  official  records  of  the   Convention,  at  its 
ion  at  Jcflcrson  city  of  which  Gov.  .Jackson 
complains,   shows  that   there  were  s, r< --jiiy-onr 
members  present.     Fifty  constitutes  a  quorum 
to  transact  business,  that  being  a  majority  of 
all  the  members  elected  ;  so  that  it  will  be  seen 
that  there  was  largely  over  a  quorum.     An  ad- 
ditional fact  worthy  of  serious  consideration  in 
connection  with  this  subject  is  this— that  if  ev- 
ery member  of  the   Convention  had  been  present,  it 
co tiki  not  hare  altered  the  final  action  of  the  Con- 
vention at  its  wssion  in  Jefferson  city,  from  the  fact 
that  every  measure  which  received  the  sanction  of  the 
Convention  iros  passed  by  more  than  a  majority  of 
the  whole  body.     The  presence,  then,  of  all  the 
members  not  having  the   effect  to  change  the 
action  of  the  Convention,  it  follows  that  their 
absence  can  make  no  difference,  and  no  valid 
argument  can  be  drawn  from  it.     But,  on  this 
point,  a  little  examination  into  the  proceedings 
of  the  Legislature  which  passed  the  act  "  to 
authorize  the  Governor  of  the  State  of  Missouri 
to  suppress  rebellion  and  repel  invasion/'  and 
under  which  he  professes  to  derive  such  su- 
preme powers,  is  liable  to  the  same  objection 
which  he  urges  against  the  authority  of  this 
body,  and  will  furnish  a  beautiful  illustration 
of  the  ancient  adagn,  "  that  they  who  live  in 
glass  houses  should  not  throw  stones."     Now, 
what  arc  the  facts  in  connection  with  the  act 
under  which  he  assumes  to  act?    You  will  find 
by  reference  to  pages  54  and  56  of  the  House 
Journal  of  the  late  called  session  of  the  Legis- 
lature, that  at  half-past  eleven  o'clock  on  the 
night  of  the  10th  day  of  May,  that  body  was 
convened  in  what  that  Journal  designates  as 
an  "extraordinary  session."    This  session  Avas 
a  secret  one,  and  it  Avas  thus  at  the  dead  hour 
of  midnight  that    the    law    in   question   was. 
passed.     The  House  Journal  shows  who  and 
hoAv   many    were   present   on    that   occasion. 
The   House  Journal  shows   that  there    were 
SIXTY-SKVENT  members  present.     A  full  House 
is  composed  of  one  hundred  and  thirty  members, 
and  sixty-six  (or  a  bare  majority )  constitutes  a 
quorum  for  the  transaction  of  business ;  so  that 
AVG  find  that  at  the  time  of  the  passage  of  the 
bill  through  the  House,  under  which  Governor 
Jackson  assumes  to  derive  his  authority,  there 
was  only  one  more  than  a  quorum  present.     Now, 
Avith  what  grace  does  Gov.  Jackson  denomi- 
nate this  Convention,  at  its  late  session  at  Jef- 
ferson city,  a  "mere  remnant"  of  the  original 
body,  when  AVC  had  nearly  three-fourths  of  the 
whole  Convention  present,  Avhile  the   House 


66 


which  passed  his  law  had  only  67  present  out  of 
130?  Truly,  his  law  is  the  offspring  of  a  "mere 
remnant"  of  the  Legislature.  A  fair  compari- 
son of  these  records  will  not  give  Gov.  Jackson 
any  credit  for  his  charges  against  us  ;  and  if 
the  action  of  our  Convention  was  not  entitled 
to  respect  and  obedience  by  reason  of  our  be- 
ing a  "mere  remnant"  of  the  original  organiza- 
tion, what  respect  and  obedience  is  his  Decla- 
ration of  Independence  entitled  to,  issued  by 
virtue  of  the  authority  of  an  act  passed  by  the 
merest  remnant  of  a  Legislature,  in  secret  cau- 
cus, at  the  dead  hour  of  midnight?  Surely  he 
gains  nothing  over  us  on  this  point. 

I  shall  dismiss  this  subject,  Mr.  President, 
with  the  remark  that  the  legal  status  of  Missou- 
ri was  declared  by  this  Convention  at  its  first 
session,  when  every  delegate  was  present  in  his  seat, 
and  with  but  one  dissenting  voice ;  and  that 
Convention  in  which  Gov.  Jackson  frankly  ad- 
mits the  power  to.disturb  our  Federal  relations 
"  has  been  wisely  vested, "has  not,  by  any  offi- 
cial declaration  and  ratification  by  the  people 
of  Missouri,  changed  that  status.  This  status 
Gov.  Jackson  promised,  in  his  proclamation  for 
50,000  troops,  he  would  not  arrogate  to  himself 
to  disturb  ;  but  whether  he  has  not  grossly  vio- 
lated that  pledge,  the  people  of  Missouri  can 
determine.  I  have  thus  given  the  reasons 
which  will  control  me  in  the  vote  which  I  shall 
give  on  the  proposition  now  pending,  to  post- 
pone the  proposed  electiou  until  the  first  Mon- 
day in  August  next. 

Mr.  HALL  of  Buchanan  renewed  his  motion 
for  the  previous  question. 

Mr.  PIPKIN.  I  desire  to  make  some  re- 
marks. 

Mr.  HALL  of  Buchanan.  As  the  gentleman 
^frora  Iron  lias  occupied  so  little  of  the  atten- 
tion of  the  Convention,  I  will  withdraw  my 
motion  for  the  previous  question,  if  he  will 
agree  to  renew  it  at  the  close  of  his  remarks. 

Mr.  PIPKIN.  It  is  well  known  to  this  Con- 
vention that  I  took  the  ground  at  our  last  ses- 
sion that  any  action  which  this  body  could 
take  upon  the  troubles  growing  out  of  the  diffi- 
culties between  the  General  Government  and 
the  government  of  the  State,  and  now  between 
the  General  Government  and  the  government 
which  is  called  the  Provisional  Government 
and  Governor  Jackson,  that  I  opposed  the  ac- 
tion of  this  Convention;  that  I  stated  briefly, 
that  f^very  step  we  might  take  would  only  tend 
to  aggravate  our  difficulties  and  complicate  the 
troubles  in  the  State ;  and  the  short  period 


which  has  elapsed  since  our  adjournment  has 
demonstrated  to  the  whole  State  that  the  posi- 
tion I  then  took  was  correct.  I  stated  that  in 
my  humble  opinion,  I  believed  every  county 
in  the  State  would  be  a  field  of  battle,  and  that 
in  ev%ry  precinct  blood  would  be  shed.  It 
seems,  sir,  that  this  is  about  to  be  verified,  and 
that  the  election  which  is  to  come  olT  on  the 
first  Monday  in  November,  will  not  be  a  peace- 
able election.  I  entertained  these  views  be- 
cause I  believed  that  Governor  Jackson  was 
determined  to  resist  the  action  of  this  Conven- 
tion in  deposing  him.  He  evidently  looked 
upon  the  action  of  the  military  authorities  in 
Missouri  as  driving  him  wrongfully  from  his 
seat;  and  hence  this  Convention,  in  deposing 
him,  only  arrayed  the  Provisional  Govern- 
ment against  that  of  Governor  Jackson.  For 
these  reasons,  I  believed,  and  still  believe,  that 
it  would  have  been  better  if  the  Convention 
had  taken  no  action  whatever,  but  had  left  the 
military  authorities  of  the  United  States  to 
hold  possession  and  control  the  affairs  of  the 
State.  I  came  here,  sir,  with  the  expectation 
of  voting,  as  I  shall  vote,  in  favor  of  postpon 
ing  this  election.  I  do  not  think,  however, 
that  the  time  to  which  it  is  proposed  to  post- 
pone it  is  sufficiently  long,  or  that  a  fair  ex- 
pression can  be  had  at  the  end  of  that  time. 
My  opinion  is,  that  so  Ion;;  as  the  war  lasts 
between  the  seceded  States  and  the  General 
Government,  just  so  long  will  Missouri  be  in 
a  condition  which  will  not  warrant  a  fair  ex- 
pression. These  people,  who  are  called  ma- 
rauders, robbers,  and  thieves,  headed  by  Gen. 
Price,  if  they  should  be  driven  out  of  Missouri, 
what  guarantees  have  we  that  they  will  not 
return  whenever  the  Federal  forces  are  with- 
drawn. I  firmly  believe  that  so  long  as  the 
war  exists  between  the  seceded  States  and  the 
Federal  Government  or  the  Northern  States, 
just  so  long  will  Missouri  be  in  a  condition  to 
prevent  any  fair  expression  of  the  people  from 
being  had. 

Now  I  purpose  to  say  a  few  things  in  refer- 
ence to  the  propositions  which  have  been  in- 
troduced by  gentlemen  on  this  floor.  The  only 
measure  which  I  conceive  should  be  debated 
or  adopted  is  an  ordinance  postponing  the  elec- 
tion, and  that  then  the  Convention  should  ad- 
journ and  go  home ;  and  that  it  should  ad- 
journ, not  to  any  fixed  period,  but  sine  die.  It 
should  not  perpetuate  its  existence  year  after 
year.  The  people  of  the  State  elected  it  for 
no  such  purpose,  and  I  believe  everything  it 
has  done  since  its  first  session  has  tended  to 


evil  rather  than  good.  Have  we,  sir,  a  Con- 
stitution ?  and  are  we  working  under  that  ( 'on- 
stitution  ?  If  we  have  a  Constitution,  then 
have  we  a  Legislative  body?  The  Constitu- 
tion provides  that  the  Legislature  shall  hold 
its  session  every  two  years,  and  be  composed 
of  a  Senate  and  House  of  Representatives. 
Now,  sir,  if  this  be  so,  arc  we  that  body  ?  And 
if  we  are  not  thit  body,  then  can  we  enaot 
laws  for  the  State  of  Missouri  ?  I  take  it,  sir, 
that  if  we  arc  not  the  Legislature  of  Missouri; 
then  we  cannot  enact  laws;  and  I  beg  to  say 
in  my  humble  judgment  we  ;ire  not  the  Legis- 
lature of  Missouri.  The  House  of  Represen- 
tatives is  composed  of  one  hundred  and  thirty 
members,  and  the  Senate  of  thirty-three,  I  be- 
lieve, making  altogether  one  hundred  and  six- 
ty-three members  composing  the  Legislature 
and  yet  we  are  nothing  but  a  body  of  fifty 
men,  a  bare  majority  of  the  body  which  was 
elected  in  February  last.  And  we  undertake 
to  do  what  1 — to  repeal  certain  laws,  and,  in 
lieu  of  them,  to  enact  certa;n  others  ;  and  Gov. 
Gamble  himself  tells  us  in  his  address,  which 
was  read  at  the  opening  of  the  session,  that 
we  should  adopt  such  and  such  laws.  If  we 
are  not  the  Legislature  of  Missouri,  then  how 
have  we  the  power  to  adopt  or  enact  laws  ?  If 
we  are  a  Legislative  body,  empowered  to  enact 
laws,  then  the  Governor  of  the  State  must  ap- 
prove those  laws.  Yet  the  Governor  of  the 
State  of  Missouri,  who  has  endorsed  the  ac- 
tion of  this  body  as  a  Legislative  body,  is  a 
member  of  this  Convention.  It  is  true,  he 
has  not  participated  here  in  our  proceedings; 
but  I  understand  his  name  is  called  and  made 
one  of  the  quorum  which  now  acts.  Now,  is 
it  right,  elected  as  we  were  for  a  specific  pur- 
po--e,  to  take  the  responsibility  of  legislating 
for  the  people  of  Missouri,  when  we  have  a 
Legislature  for  that  especial  purpose,  which  is 
composed  of  one  hundred  and  sixty -three  mem- 
bers. This  action  of  the  Convention  presents 
to  my  mind  a  state  of  things  which  is  without 
its  parallel  in  this  country.  I  understand  it  to 
be  the  duty  of  a  Convention,  when  fresh  from 
the  people,  to  enact  certain  organic  laws — 
laws  which  shall  be  a  basis  of  action  in  the 
shape  of  a  Constitution,  and  upon  that  Consti- 
tution, and  under  that  Constitution,  a  Legis- 
lature of  the  State  of  Missouri  is  bound  to 
enact  the  laws,  and  not  a  Convention.  If  we 
go  on  here  to  amend  the  Constitution,  as  a 
body  fresh  from  the  people,  or  if  we  are  (in 
the  language  of  the  eloquent  gentleman  from 
Buchanan)  the  people  of  the  State  of  Missouri, 


to  all  intents  and  purposes,  we  can  do  anything. 
We  shall  then  present  ourselves  in  the  anom- 
alous condition  of  not  only  amending  the 
Constitution  of  the  State  of  Missouri,  but  of 
going  to  work  and  making  laws  under  that 
same  Constitution.  If  this  is  supporting  the 
Constitution  of  the  State  of  Missouri,  I  beg 
leave  to  enter  my  solemn  protest  against  it; 
because  I  was  sworn,  as  a  member  of  this  Con- 
vention to  support  the  Constitution  of  the 
State  of  Missouri,  and  I  cannot,  by  my  own 
consent,  swear  to  violate  and  trample  that 
Constitution  underfoot;  and  1  hold  that  when- 
ever we  shall  undertake  to  make  laws  under 
the  Constitution,  when  lhat  Constitution  re- 
quires they  shall  be  made  by  a  Legislature, 
every  step  we  take  in  that  direction  is  a  viola- 
tion of  the  Constitution. 

I  said  I  would  support  an  ordinance  post- 
poning the  election.  If  we  had  the  power  to 
pass  an  ordinance — in  regard  to  which  I  differ 
from  a  greater  portion  of  this  body — we  cer- 
tainly have  the  power  to  postpone  the  election 
of  officers  appointed  under  that  ordinance. 
Though  I  do  not  believe  the  ordinance  was 
right  in  the  first  place,  yet,  as  we  have  been 
acting  under  it  since  the  last  adjournment,  and 
now  that  a  proposition  comes  up  to  postpone 
the  election,  I  shall  vote  in  favor  of  postpon- 
ing. I  shall  do  this  for  the  reason  that  there 
is  no  peace  in  Missouri,  and  in  one  half  of  the 
counties  of  the  State  there  can  be  no  election 
So  far  as  my  own  county  is  concerned,  there 
are  no  officers  there  to  make  out  the  poll-books, 
and  no  people  to  attend  the  polls,  because  they 
are  frightened  away ;  many  of  them  are  in  the 
Southern  army.  Those  who  are  there  are 
afraid  of  the  Northern  troops,  and  could  not 
be  induced  to  go  to  the  polls,  and,  as  a  matter 
of  course,  the  election  would  be  a  failure. 
But  I  cannot  vote  for  the  proposition  which  is 
embodied  in  the  minority  report  of  the  Com- 
mittee— that  is,  that  the  provision  submitting 
this  election  to  the  people  shall  be  abrogated  ; 
and  the  reason  is  this  :  It  is  true,  that  the  sec- 
tion which  defines  the  duties  of  this  body,  and 
another  section  which  provides  for  the  submis- 
sion of  the  ordinance  that  might  be  passed  to 
the  people,  does  not  govern  the  case,  for  the 
reason  that  those  who  enacted  this  law  did  not 
anticipate  such  a  result,  or  that  it  would  be 
necessary  to  provide  for  a  provisional  govern- 
ment. The  fifth  section  of  the  act  which 
brought  us  into  existence,  provides  that  this 
Convention  shall  proceed  "  to  consider  the  then 
existing  relations  between  the  Government  of 


68 


the  United  States,  the  people  and  governments 
of  the  different  States,  and  the  government  and 
people  of  the  State  of  Missouri,  and  to  adopt 
such  measures  for  vindicating  the  sovereignty 
of  the  State  and  the  protection  of  its  institu- 
tions as  shall  appear  to  them  to  be  demanded." 
The  majority  of  this  body  contend  that  under 
the  call  of  this  Convention  we  have  the  power 
to  depose  officers,  create  offices,  abolish  the 
Legislature,  and  do  anything  that  the  people 
themselves  might  do  if  they  were  here  in  per- 
son. Though  that  proposition,  abstractly,  may 
be  correct,  yet  I  hold,  sir,  that  it  is  not  the 
duty  of  this  body  to  interfere  with  any  propo- 
sitions or  matters  which  were  not  submitted  to 
the  people  when  we  called  upon  them  for  their 
suffrages.  We  might  perpetuate  our  own  ex- 
istence from  year  to  year ;  but  did  the  people 
contemplate,  when  they  elected  us,  that  we 
should  be  clothed  with  any  such  power  as 
that?  I  hold,  that  we  should  confine  ourselves 
exclusively  to  those  things  which  we  were  re- 
quired to  do  when  elected  and  organized  as  a 
body.  Under  the  latter  clause  of  the  fifth  sec- 
tion of  the  act  calling  us  together,  I  hold,  we 
have  no  power  to  depose  the  State  Govern- 
ment. I  hold  that  no  such  propositions  were 
submitted  to  the  people  of  my  section  of  coun- 
try. We  were  elected  with  no  such  object, 
and  though  we  might  have  the  power,  we  have 
no  right  to  exercise  it,  because  we  do  not  know 
the  will  of  the  people  upon  that  subject  I  will 
here  remark,  that  it  is  utterly  impossible  for 
me  to  ascertain  the  will  of  my  constituents. 
Why  ?  Because  large  numbers  of  them  are 
soldiers  in  the  Southern  army,  and  there  is  no 
mail  connecting  them  with  any  portion  of  the 
State  of  Missouri;  and  not  a  single  citizen  in 
that  section  of  the  country  can  be  induced  to 
come  within  the  military  lines  unless  forced 
there  by  the  necessity  of  protection,  and  there 
are  some  of  them — a  good  many.  Then,  a  very 
large  number  of  the  people  of  my  district  are 
not  in  a  condition  to  be  counselled  upon  this 
subject.  I  do  not  know  the  will  of  my  constitu- 
ents, because  I  cannot  see  them.  I  dare  not 
leave  the  town  in  which  I  live  and  go  the  dis- 
tance of  ten  miles,  lest  I  be  arrested.  And  yet 
we  are  called  upon  by  this  body  to  enact  laws 
and  deprive  them  of  the  rights  of  freemen.  For 
these  reasons,  I  shall  oppose  the  minority  re- 
port. I  am  in  favor  of  submiting  this  matter  to 
the  people  when  the  people  can  be  heard,  and 
not  before  ;  but  to  deny  them  the  right  of  pass- 
ing upon  our  action  is  an  insult  added  to  an  in- 
jury that  has  already  been  inflicted  upon  them. 


I  do  not  know  that  it  would  be  proper  for 
me  to  enter  into  the  discussion  of  our  Federal 
relations.  I  came  here,  sir,  with  the  purpose 
of  simply  giving  a  silent  vote.  Indeed  I  doubt 
the  propriety  of  my  being  here  at  all.  I  am 
sure  I  feel  confident  in  my  mind  that  the  peo- 
ple of  South-east  Missouri  condemn  the  action 
of  this  body.  I  believe  we  do  not  reflect  their 
will ;  and  I  believe,  whenever  an  opportunity 
is  offered  them,  so  that  they  can  go  to  the  polls 
without  being  in  danger  of  bayonets,  that  they 
will  vote  three  to  one  against  the  action  of  this 
Convention.  I  believe,  then,  that  so  far  as 
my  action  is  concerned,  if  I  vote  at  all,  I  must 
vote  as  I  believe  my  people  desire ;  and,  be- 
lieving that  they  are  opposed  to  the  action  of 
this  Convention,  and  were  from  the  first,  I 
must  reflect  their  will  now,  not  having  any 
evidence  that  they  have  changed  :  and  the  best 
vote  I  could  give  is  that  the  action  of  this 
Convention  is  wrong  in  itself.  I  say,  sir,  I 
doubt  the  propriety  of  my  entering  into  a  dis- 
cussion of  our  Federal  relations.  The  doctrine 
of  coercion  and  subjugation— these  things  were 
all  discussed  in  the  Convention  in  March  last ; 
but  it  would  not  be  amiss,  I  believe,  to  read 
the  resolutions  of  different  gentlemen  upon 
this  floor  which  were  introduced  in  March 
last,  to  show  the  feeling  they  entertained  then 
almost  unanimously,  that  an  attempt  to  coerce 
the  Southern  States  would  meet  with  failure 
and  result  in  the  ultimate  destruction  of  the 
Government.  I  have  no  doubt  that  the  mem- 
bers of  this  body  are  sincere  in  all  they  do, 
and  that  their  motives  are  of  the  best  kind.  I 
believe  they  are,  and  that  they  firmly  believe 
they  are  doing  what  is  right,  and  that  it  is 
their  duty  to  lend  all  the  aid  in  their  power  to 
the  efforts  now  being  made  to  drive  out  the 
marauders  and  secessionists  under  Gen.  Price. 
But,  Mr.  President,  my  conviction  is,  that 
every  step  taken  in  that  direction  has  been 
and  will  continue  to  be  attended  with  evil. 
In  the  first  place,  the  deposition  of  Jackson 
was  irritating  in  itself.  The  organizing  of  an 
army  under  the  first  call,  aided  by  the  pro- 
clamation of  Fremont,  has  tended  more,  in 
my  judgment,  to  drive  men  out  of  the  State 
than  anything  else.  I  believe  thousands  of 
citizens  have  joined  the  army  of  Price  who 
would  have  remained  at  home,  in  peace,  if  it 
had  not  been  for  the  action  of  this  Convention 
in  July.  I  say,  these  acts— Gov.  Gamble's 
proclamation  calling  for  32,000  volunteers,  and 
the  probability  that  it  would  be  attended  with 
drafting,  together  with  the  proclamation  of 


69 


FriMiumt,  confiscating  the  slave-  property  of 
rebels— all  these  things,  I  say,  have  tended, 
more  than  anything  else,  to  drive  the  people 
out  of  the  State  of  Missouri,  and  make  thous- 
ands of  soldiers  for  Price's  army.  Yet  these 
gentlemen,  I  am  bound  to  say,  have  done 
what  they  believe  to  be  proper  and  just.  Mr. 
Ho \vell  and  others  introduced,  in  March  last, 
these  resolutions  : 

Htxu/ri'tl,  That  we,  the  people  of  the  State 
of  Missouri,  by  our  delegates  in  Convention 
assembled,  being  ardently  attached  to  the 
Union  of  the  States  of  this  Confederacy,  and 
desirous  of  maintaining  and  transmitting  it  to 
succeeding  generations  according  to  the  letter 
and  spirit  of  the  Constitution,  which  we  re- 
gard as  the  highest  effort  of  statesmanship  yet 
made ;  in  view  of  the  fact  that  seven  of  the 
States  of  said  Confederacy  have,  in  their  sov- 
ereign capacity,  adopted  ordinances  declaring 
their  connection  with  the  General  Govern- 
ment dissolved,  and  have  further  declared  to 
the  world  a  confederated  government  among 
themselves ;  and  several  other  States  are  de- 
liberating as  to  withdrawing  from  the  Union  ; 
and  that,  in  our  opinion,  any  force  employed 
against  said  States  that  have  declared  them- 
selves withdrawn  from  the  Union  (or  that 
may  so  declare,)  by  the  General  Government 
would  destroy  all  hope  of  reconstructing  or 
preserving  the  Union,  do  earnestly  remon- 
strate and  protest  against  any  and  all  coercion, 
or  attempts  at  coercion,  of  said  States,  or  any 
of  them,  into  submission  to  the  General  Gov- 
ernment, whether  it  be  clothed  with  the  name 
or  pretense  of  executing  the  laws  of  the  Union 
or  otherwise,  and  declare  that  in  such  contin- 
gency Missouri  will  not  view  the  same  with 
indifference. 

Mr.  Dunn  offered  the  following : 
Resolved  l>y  the  People  of  the  State  of  Missouri 
in  Convention  assembled,  That  we  are  in  favor  of 
the  adjustment  of  our  national  troubles,  upon 
the  basis  of  the  amendments  to  the  Constitu- 
tion of  the  United  States  proposed  by  Senator 
Crittendcn,  thereby  arresting  the  progress  of 
revolution,  and  securing  our  constitutional 
rights  in  the  Union,  and  removing  forever 
from  the  arena  of  party  politics  the  dangerous 
sectional  questions  that  have  brought  us  to 
the  verge  of  ruin. 

Mr.  Woolfolk  offered  the  following  : 
Resolved,  That   the   present  crisis   demands 
that  the  rights  of  the   Slave  States  should  he 
secured  to  them  by  amendments  to  the  Consti- 


tution, and  that  this  Convention  recommends 
to  the  Legislature  of  Missouri  that  they  apply 
to  Congress  to  call  a  General  Convention  of  all 
the  States  in  the  manner  provided  by  the  Con- 
stitution for  the  purpose  of  making  such  amend- 
ments thereto  as  Avill  secure  the  rights  of  the 
Slave  States,  restore  peace,  and  relieve  the 
Southern  mind  of  apprehension  for  the  future. 

Mr.  Stewart  offered  the  following  : 
Resolved,  That  in  the  opinion  of  this  Con- 
vention a  Convention  of  the  people  of  the  Bor- 
der States  for  the  purpose  of  presenting  a  plan 
of  Compromise  to  a  Convention  of  the  people 
of  all  the  States,  would  be  the  most  sure  and 
efficacious  method  of  adjusting  in  a  fraternal 
spirit  the  alarming  discords  which  threaten  the 
disruption  of  the  Government. 
Mr.  Linton  offered  the  following  : 
Resolved,  That  there  exists  no  adequate  cause 
why  Missouri  should  secede  from  the  Union, 
and  that  she  will  do  all  that  she  can  to  restore 
peace  to  the  same  by  satisfactory  compromises. 
Mr.    Hendricks   offered  the  following  reso- 
lutions : 

1.  Resolved,  That  at  the  time  of  the  adoption 
of  the  Federal  Constitution  it  was  the  under- 
standing and  intention   of  the   people  of  the 
United  States  that  they  were  thereby  united 
together  for  all  the  purposes  expressed  and  con- 
templated in  that  instrument  as  one  people,  in- 
separable and  forever. 

2.  Resolved,  That  the  provisions  of  the  Fed- 
eral Constitution  were  understood  and  intend- 
ed by  the  people  of  the  United  States  to  be  the 
supreme  law  of  the  land,  and  not  a  mere  com- 
pact ;  and  for  violations  and  infractions  thereof 
by  the  Federal  or  any  State  government,  dis- 
integration was  not  contemplated,  but  remedies 
as  provided  in  the  Constitution  to  be  sought 
and  obtained  in  the  Union. 

3.  Resolved,  That  while  the  right  of  revolu- 
tion, for  adequate  cause,  is  not  denied,  yet  the 
Constitution  of  the  United  States,  and  acts  of 
Congress  made  in  pursuance   thereof   for  the 
admission  of  new  States  into  the  Union  as  in- 
tegral parts  of  the  United  States,  being  the  su- 
preme law  of  the  land,  no  Ordinance  of  Seces- 
sion adopted  by  a  State  government  can  abro- 
gate them. 

4.  Resolved,  That  the  Ordinances  of  Secession 
adopted  by  the  several  States  of  the  Union  are 
unauthorized    in   law    and   without    adequate 
cause  in  fact,  and  when  we  are  called  upon  to 
follow  their  example  it  is  right  and  proper  for 


70 


us  to  consider  the  legality  and  propriety  of 
doing  so. 

5.  Resolved,  That  the  action  of  several  of  our 
sister  States,  in  adopting  Ordinances  of  Seces- 
sion, is  no  justifiable  cause  for  Missouri  to  se- 
cede. 

Mr.  McFerran  offered  the  following  : 

Resolved,  That  Missouri  deplores  the  sec- 
tional strife  and  alienation  existing  between  the 
North  and  the  South,  and  regards  the  same  as 
inimical  to  the  dearest  rights  of  Missouri  and 
the  peace  and  perpetuity  of  our  Federal  Union. 

2.  Resolved,  That  Missouri  is  an  integral 
part  of  the  great  West,  and  declares  her  fealty 
and  attachment  to  her  own  interests  and  sec- 
tion, and  invites  her  sister  States  of  the  West 
to  ignore  -the  dogmas  of  New  England  on  the 
one  hand,  and  the  Gulf  States  on  the  other; 
and  at  once  to  inaugurate  a  Western  policy, 
loyal  to  the  Federal  Constitution  and  the  Union 
of  the  States. 

Mr.  Breckinrid.ge  offered  the  following  reso- 
lutions : 

Resolved  by  the  People  of  Missouri  in  Conventiori 
assembled,  That  secession  is  a  dangerous  polit- 
ical heresy,  finding  no  warrant  in  the  constitu- 
tion or  laws  which  lie  at  the  foundation  of  our 
systems  of  gov  •rnment. 

Resolved,  That  Missouri  will  do  nothing  to 
sanction,  support  or  countenance  the  pretended 
right  of  secession,  since  its  approval  by  the 
people  involves  the  destruction  of  all  our  insti- 
tutions, whether  State  or  Federal. 

Resolved,  That  the  government  which  our 
fathers  formed,  and  which  for  nearly  three 
quarters  of  a  century  has  failed  in  nothing  to 
answer  the  ends  for  which  it  was  established, 
is "  suited  to  the  habits,  and  adapted  to  the 
wants  of  the  American  people,  and  that  every 
dictate  of  wisdom  req  dres  us  to  direct  our  ef- 
forts rather  to  its  preservation  than  the  forma- 
tion of  any  substitute  for  it. 

Resolved,  That  we  deplore  the  action  of  some 
of  our  Southern  brethren  in  adopting  ordi- 
nances of  Secession,  and  assuming  a  hostile 
attitude  towards  the  Federal  authorities.  In 
asserting  that  secession  is  a  remedy  for  the 
grievances  of  which  the  South  complains;  in 
seeking  to  destroy  the  Federal  Government, 
which  is  of  itself  guiltless  of  wrong;  and  in 
forgetting  that  in  and  through  the  Union  are 
better  means  and  ampler  facilities  for  redressing 
all  grievance  than  out  of  't — they  have  com- 
mitted grave  errors  ;  and  whilst  Missouri  will 
exhaust  all  efforts  in  restoring  harmony  and 


securing  justice,  she  recognizes  no  obligation 
to  support  them  in  these  proceedings,  believ- 
ing that  thereby  she  would  prejudice  rather 
than  promote  the  best  interests  of  all  concerned. 

Resolved,  That  it  is  essential  to  the  existence 
of  government  that  some  authority  should  be 
charged  with  the  duty  of  executing  the  laws, 
and  that  the  proper  action  of  the  constituted 
authorities  should  be  supported  and  obeyed; 
and  although  we  deprecate  any  collision  be- 
tween the  Federal  Government  and  our  disaf- 
fected Southern  brethren,  it  is  the  opinion  of 
this  Convention  that  these  duties  and  obliga- 
tions, as  prescribed  by  and  under  our  Federal 
Constitution,  cannot  be  annulled  or  impaired 
consistently  with  the  peace,  dignity,  or  exist- 
ence of  the  government,  State  or  Federal. 

Hesolved,  That  for  the  thorough  and  final  re- 
moval of  all  cause  of  complaint  against  our 
brethren  of  the  Northern  States,  we  desire  the 
enforcement  of  the  Constitutional  guarantee 
concerning  the  rendition  of  fugitives  from  ser- 
vice, a  renunciation  of  any  purpose  to  inter- 
fere with  slavery  in  the  States  or  in  the  District 
of  Columbia,  or  with  the  inter-state  slave  trade, 
and  some  equitable  and  complete  adjustment 
of  the  territorial  question  based  upon  an  aban- 
donment by  the  North  of  any  purpose  to  use 
the  power  of  the  General  Government  to  re- 
press or  extinguish  slavery,  and  by  the  South 
of  any  purpose  to  use  the  power  of  the  Gen- 
eral Government  to  perpetuate  and  extend  it? 
and  that  we  confidently  rely  upon  the  justice 
of  our  Northern  brethren  to  aid  by  appropri- 
ate legislation,  or  by  adequate  constitutional 
amendments,  in  producing  these  results,  and 
in  securing  their  enforcement  and  observance 
by  a  cordial  compliance  with  their  spirit. 

Resolved,  That  we  appeal  to  our  sister  States 
of  Kentucky,  Arkansas,  Tennessee,  North  Car- 
olina, Virginia,  Maryland,  and  Delaware, 
whose  interests  are  so  closely  identified  with 
our  own,  to  stand  firmly  with  us  in  the  posi- 
tion we  assume,  asking  of  our  Northern  breth- 
ren the  full  recognition  of  our  just  claims, 
and  of  our  Southern  brethren  a  reconsidera- 
tion of  their  hasty  action — that  so  may  be  re- 
stored the  old  relations  of  peace,  prosperity 
and  perfect  union. 

The  object  I  have  in  reading  these  resolu- 
tions is  not  to  show  the  inconsistency  of  gen- 
tlemen at  all,  for  I  do  not  think  they  have 
been  guilty  of  any  ;  but  they  are  read  for  the 
purpose  of  showing  that  the  southern  people 
have  just  cause  of  complaint ;  but  these  gen- 
tlemen almost  all  deny  that  those  causes  of 


71 


urc 


complaint  are  sufficient  in  themselves  to  war- 
rant the  Status  in  seceding.  At  the  time  of 
our  first  session  here,  we  all  looked  upon  the 
difficulty  between  the  Northern  and  the  South- 
ern States  as  grounded  in  a  just  cause  of  com- 
plaint. There  are  other  resolutions  which 
even  go  further  tha'i  those  I  have  read  ;  but  I 
will  not  take  up  the  time  of  th;s  body  in  read- 
ing them.  There  are,  however,  five  resolu- 
tions, offered  by  the  Committee  on  Federal 
Rela'ions,  to  which  I  desire  to  call  the  atten- 
tion of  the  Convention.  These  resolutions, 
together  with  an  amendment  offered  by  Mr. 
Shackelford  of  Howard,  were  adopted  by  the 
almost  unanimous  consent  of  this  Convention. 
The  adoption  of  these  resolutions  exhibits  the 
fact,  that  the  Convention  then  entertained  the 
opinion  that  if  a  <-oll  sion  ensued  between  the 
General  Government  and  the  seceded  States, 
the  country  would  be  ruined  and  all  lost. 
Notwiihstand  ng  these  Southern  States  had 
taken  the  forts  and  all  the  proper  y  of  the 
Government  in  the  seceded  States,  yet  the 
general  belief  was  expressed  by  this  Conven- 
tion Hia'  it  would  be  bad  policy  for  the  Gene- 
ral Government  to  enforce  its  laws  in  the  sp- 
eeded States.  They  thought  it  would  be  bet- 
ter to  withdraw  the  forces  from  all  these  forts 
rather  than  plunge  this  country  into  a  civil 
war.  And  he  resolutions  all  tended  to  show 
that  the  first  gun  fired  would  result  in  civil 
war  and  the  destruction  of  the  country.  This 
has  been  ver  fied,  a  d  I  believe  the  Adminis- 
tration is  respons;b'e  for  it.  I  believe  if  Lin- 
coln h  d  pursued  a  more  pacific  course,  and 
withdrawn  his  forces  from  Sumpter,  this  coun- 
try would  have  been  at  peace.  Do  you  not 
remombe'  with  what  joy  and  satisfaction  it 
was  heralded  all  over  the  Tinted  States  that 
such  was  to  be  the  policy  of  the  Administra- 
tion ?  The  Northern  papers  condemned  it ; 
but  for  the  sake  of  restoring  peace  we  were 
willing  to  sanction  this  conduct  of  the  Presi 
dent,  and  surrender  these  forts  to  the  Southern 
States.  But  the  po'icy  of  the  General  Govern- 
ment was  changed,  they  undertook  to  rein- 
force Sumpter,  and  the  result  was  an  inevitable 
war  ;  and  we  have  grown  more  bloodthirs  y 
er  since  The  proclamation  cal'mir  for  i 
11  was  issued,  and  all  succeed  ing  moas- 

s  showed  that  the  course  of  the  President 
towards  the  Southern  S  ares  would  result  in 
exceeding  great  evil.  And  it  is  upon  us  now. 
How  are  \ve  to  meet  it  ?  Gentlemen  say  we 
mint  dr  ve  out  and  extingirsh  the  Southern 

p'e.     I  do  not  believe  that  is  the  true  polvy 


of  this  Government,  to  destroy  onp  half  of  it  in 
order  to  perpetuate  its  existence;  nor  do  I  be- 
lieve that  if  these  States  are  subjugated  that 
they  can  be  held  except  as  subjugated  pro- 
vinces. You  might  as  well  undertake  to  unite 
fire  and  gunpowder  as  to  undertake  to  unite 
the  Southern  and  the  Northern  people;  for,  to 
all  intents  and  purposes,  they  are  a  separate 
people.  They  have  a  greater  animosity  and 
hatred  to  each  other,  in  my  humble  opinion, 
than  the  people  of  the  United  States  enterta  n 
towards  any  foreign  power.  '1  he  hatred  is 
most  bit'er,  and  the  continuance  of  this  war 
only  aggravates  the  difficulty  ;  and  I  confess 
it  is  not  for  me  to  say  how  or  when  it  shall  be 
ended.  There  was  cause  of  complaint.  The 
North  refused  to  enforce  (he  Fugitive  Slave 
Law,  and  all  the  action  of  the  Northern  people 
tended  to  show  the  people  of  the  South  that 
the  North  was  bitter'y  opposed  to  the  existence 
of  slavery.  The  Southern  people  were  well 
aware  that  their  subjugation  would  be  their 
ntter  destruction,  or  the  destruction  of  the  in- 
stitution of  slavery,  which  they  hold  to  be  one 
of  their  most  vital  institutions.  Trry  fee'  that 
thev  are  dependent  upon  it— that  the  white  man 
is  not  able  to  cultivate  the  rice  and  the  cotton 
field- ;  and,  so  feeling,  you  cannot  unite  them 
with  the  Northern  States. 

Now,  a  few  words  in  regard  to  the  new 
Government  or  State  Administration.  I  dep- 
recate the  conduct  of  Gov.  Jackson  as  much  as 
anv  man;  yet  his  action  can  be  readily  ac- 
counted for  and  based  upon  what  many  regard 
as  just  grounds.  It  was  known  that  there 
were  treasonable  gentlemen  who  had  been  in- 
dicted, arrested  and  held  to  bail.  The  editor 
of  the  Journal,  I  am  told,  Mr.  Tucker,  gave 
bonds,  and  Jackson  and  Price  had  both  been 
indicted.  This  may  be  true.  Now,  if  Gov. 
Jackson  was  a  traitor  to  the  Government  of  the 
United  States,  or  bv  any  action  of  his  had  un- 
dertaken to  take  the  State  of  Missouri  out  of 
the  Union,  what  was  clearly  the  bounden  duty 
of  the  Federal  authorities  in  the  premises  ? 
Why,  it  was  not  to  proc'aim  'o  the  world  what 
they  intended  to  do,  but  to  indict  these  persons 
for  their  crimes  and  go  to  work  secret'y.  Hav- 
ing indicted  Gov.  Jackson,  instead  of  sending 
an  army  to  capture  him,  the  officers  of  the  'aw 
should  have  lain  their  hands  upon  him.  But 
I  believe  it  was  not  the  policy  to  arrest  him, 
but  to  drive  him  out  of  the  State,  to  send  an 
army  after  him,  and  announce  the  departure 
of  that  army.  What  was  the  iesult?  The 
Government  s-  nd-  an  army  and  he  is  notified 


72 


of  'lie  fact.  He  floes  from  the  Capital,  and 
gets  such  men  as  he  can  summon,  raises  an 
army,  makes  battle,  and  is  driven  back  and 
out  of  the  State.  He  goes  to  the  South,  col- 
lects an  army,  returns  to  the  State,  an'd  what 
do  you  see  ?  Instead  of  being  driven  out,  he 
has  a  stronger  hold  on  Missouri  to-day  than 
he  had  then,  or  when  lie  had  an  interview  with 
Lyon  and  Blair,  when  those  propositions  sub- 
mitted to  them  by  Jackson  were  rejected.  He 
had  no  soldiers  then,  but  now  he  has  thou- 
sands of  the  citizens  of  Missouri,  who  are 
headed,  and  controlled,  and  managed  by  a  gen- 
tleman who  was  elected  President  of  this  Con- 
vention at  its  first  session  by  a  large  majority, 
and  against  whom  I  voted.  There  was  not  in 
the  State  a  more  honorable  or  high-minded 
gentleman  ihan  Sterling  Price  at  that  period. 
He  was  beloved  by  the  State  as  a  statesman 
and  a  civilian  ;  yet  he  has  been  driven  from 
Missouri,  and  is  now  branded  as  a  murderer, 
a  robber,  and  a  coward.  Do  you  expect  such 
a  policy  as  has  been  proposed  by  this  Conven- 
tion will  bring  back  those  people  who  have 
flocked  to  his  standard  ?  Do  you  believe  that 
measures  of  a  stringent  character,  tending  to 
deprive  people  of  their  property — acts  of  con- 
fiscation— do  you  believe  these  will  bring  them 
back  from  their  allegiance  to  Price  and  Jack- 
son ?  On  the  contrary,  if  that  policy  be 
adopted,  it  will  greatly  multiply  the  enemies 
of  the  Government  in  this  Stat-\  Such  a  pol- 
icy will  increase  'he  armies  of  Price  and  Jack- 
son. There  are  thousands  who  would  have 
been  in  this  State  to-day,  engaged  in  the  peace- 
ful occupations  of  life,  if  it  had  not  been  for 
the  wretched  policy  pursued  by  the  General 
Government  towards  the  people  of  the  State  of 
Missouri.  Why  the  necessity  of  sending  armed 
troops  all  through  ihe  State  of  Missouri"?  I 
do  not  deny  the  right  of  the  General  Govern- 
ment to  do  so — it  has  a  perfect  right  to  send 
its  troops,  if  necessary,  through  the  State,  to 
protect  its  citizens ;  but  what  I  did  condemn, 
and  have  and  will  condemn,  and  speak  against 
as  long  as  I  *m  allowed  to  do  it,  is  that  indis- 
criminate arrest  ami  punishment  of  citizens 
against  whm  there  can  be  nothing  brought. 
They  are  the  persons  who  have  the  right  to 
complain.  So  far  as  my  personal  experience 
is  concerned,  I  know  Lvge  numbers  of  men 
who  have  I  een  incarcerated  for  weeks  in  my 
own  town,  and  who,  when  brought  before  the 
court  martial,  have  been  discharged  for  want 
of  witnesses  against  them.  This  policy  I  hold 
to  be  the  mo?t  vvretc'  cd  e\er  adopt- d  towards 


any  people,  and  it  has  driven  thousands  of 
peop'e  of  the  State  of  Missouri  to  reso  t  to 
arms.  You  cannot  take  a  man  and  punish 
him,  whip  him,  abuse  him,  and  then  tell  him 
you  will  reason  with  him;  you  must  reason 
first  before  you  whip  him.  And  that  brings  me 
to  state  what  I  understand  to  be  the  fact,  that 
many  of  the  Federal  soldiers  often  whip  the 
naked  backs  of  some  of  the  citizens  of  the 
Sta'e;  and  I  have  heard  that  the  veneiable 
Dr.  Rifle,  who  wa>  once  honored  with  a  seat  in 
Congress — now  near  the  grave — was  tied  to  a 
stake  one  night,  and  kept  there  in  a  condition 
of  helplessness.  Now,  these  things  do  not 
justify  the  armies  on  the  other  side  in  maraud- 
ing upon  Union  men.  Doubtless,  much  crime  is 
committed  on  the  other  side.  I  have  evidence 
of  this  fact.  My  honorable  colleague,  Mr. 
Leeper,  has  suffered;  while  he  has  sufft-red,  I 
have  been  protected.  There,  I  am  looked  up- 
on as  a  man  who  sympathizes  with  the  South, 
and  yet  my  colleague  is  a  Union  man,  and  has 
been  driven  from  his  home.  These  things  are 
to  be  deprecated ;  but  who  inaugurated  these 
things  ?  The  system  was  inaugurated  long 
before  Price  had  an  army  in  Missouri.  It  was 
inaugurated  at  Camp  Jackson  on  the  10th  of 
May,  and  shortly  after  in  my  own  town,  and 
also  in  other  port;ons  of  the  State.  These 
things  have  brought  about  a  sad  state  of  affairs, 
and  compelled  the  people  of  the  State  to  ta'»e 
up  arms  to  defend  themselves;  and  we  come 
here  seemingly  with  the  object  not  to  pacify 
them  but  to  pass  laws  disfranchising  them,  de- 
priving them  of  the  right  to  vote  —  laws 
to  confiscate  their  property  —  and,  after  all 
this,  ask  them  to  come  forward  and  support 
the  Government. 

[The  speaker  here  concluded,  his  hoi.r  hav- 
ing expired.] 

The  vote  was  then  taken,  and  the  following 
gentlemen  explained  their  votes  : 

Mr.  HAI.L.  of  Buchanan.  One  section  of  the 
ordinance  contains  a  provision  continuing  the 
present  officers  in  office.  Of  course.  I  have  a 
delicacy  about  the  matter,  and  I  therefore  hope 
I  shall  be  excused  from  voting. 

Mr.  HOWELL.  I  hope  I  shall  have  the  in- 
dulgence of  the  House  in  explaining  the  vote 
I  propose  to  give  on  the  ordinance  now  before 
the  Convention.  I  shall  vote  on  this  question 
in  reference  to  the  present  status  and  condition 
of  the  country  irrespective  of  its  merits  under 
other  circumstances.  We  are  in  a  state  of  war 
now,  and  that  war  has,  by  means  well  kno\vn> 
been  introduced  into  this  State,  and,  as  a  ne- 


73 


•ary  result,  wo  are  convulsed  from  centre 
to  circumference.  I  believe  that  President 
Lincoln  and  the  anti-shivery  party  at  the  North 
arc  primarily  responsible  for  the  war  that  has 

D  introduced  into  the  bosom  of  the  State  of 
Missouri;  at  the  same  time  I  believe  it  would 
be  improper  for  me  to  give  Ihe  reasons  in  sup- 
port of  that  view.  I  censure  Gov.  Jackson, 
and  did  censure  him,  for  his  war  proclamation 
at  the  time  ;\nd  under  the  circumstances  it  was 
issued  ;  but  I  believe  that,  whatever  may  be 
the  present  opinion  of  my  constituents  upon 
that  question — and  T  do  not  pretend  to  be  thor- 
oughly advised  upon  that  subject — when  Mis- 
souri is  humbled  in  the  dust,  her  every  interest 
prostrated,  her  slave  interest  ruined — for,  from 
the  best  information  I  can  obtain,  more  than 
one-third  of  the  slaves  in  the  Sfate  of  Missouri 
when  the  war  commenced  have  disappeared 
since  its  unfortunate  inauguration — when  the 
people  of  the  State,  and  my  constituents,  see 
and  feel  the  effects  of  this  thing  as  they  will 
see  and  feel  it,  that  they  will  regard  this  ques- 
tion as  I  do.  But,  notwithstanding  my  views 
as  to  the  causes  by  which  this  war  has  been 
brought  upon  the  country  and  introduced  into 
this  State,  \ve  are  called  upon  here,  as  practical 
legislators  and  statesmen,  to  act  for  the  present 
emergency  and  the  best  interests  of  the  State. 
At  the  time  we  assembled  at  Jefferson  City, 
this  Convention  passed  an  ordinance  vacating 
the  office  oT  Chief  Executive  and  some  of  the 
State  departments,  and  then  proceeded  to  fill 
them  with  new  incumbents.  At  that  time 
things  had  assumed  such  a  shape  in  Missouri 
that  I  was  not  able  to  vote  for  that  action,  be- 
lieving that  it  would  only  complicate  our  diffi- 
culties, and  that  it  was  pregnant  of  no  good. 
But  this  measure  was  carried  by  this  Conven- 
tion. I  believed,  for  the  reasons  I  have  as- 
signed, that  our  action  would  not  be  prolific  of 
good  ;  that  if  the  Governor's  chair  was  declared 
vacant,  it  would  result  in  evil ;  and  further, 
that  we  were  not  elected  for  any  such  purpose. 
I  believed  then  there  was  no  need  of  filling  that 
chair  until  the  destiny  of  this  State  was  settled. 
Mr.  President,  this  is  not  a  war  between  the 
people  of  the  State  of  Missouri  and  one  class 
or  another;  but  a  war  between  the  Govern- 
ment of  the  United  States  and  its  adherents  in 
the  State  of  Missouri,  and  the  Southern  Con- 
federacy ami  the  adherents  of  the  Southern 
Confederacy  on  the  other  side  ;  and  the  des- 
tiny of  Missouri  must  be  determined,  not  by 
the  po\ver  of  one  party  or  the  other  in  the 
State  of  Missouri,  but  by  the  power  of  the 


General  Government  on  the  one  side,  and  the 
power  of  the  Southern  Confederacy  on  the 
other  side.  That  being  the  case,  and  Missouri 
having  but  a  small  voice  in  this  matter,  her 
business  being  broken  up  and  her  courts  sus- 
pended, I  believed  there  was  very  little  for  a 
Governor  of  the  State  to  do,  and  therefore  I 
thought  it  was  not  necessary,  if  that  office  was 
vacated,  to  ignore  the  franchises  of  the  people 
and  fill  that  office.  I  believed  there  was  no 
possible  necessity  for  a  Governor  in  the  State 
of  Missouri  at  that  time,  and  I  am  still  of  that 
opinion.  The  State  is  stagnant — standing 
still  —  and  all  that  is  going  on  here  is  being 
operated  by  the  General  Government  and  the 
Southern  Confederacy  ;  and  if  this  battle  is  to 
be  fought  out  between  the  United  States  and 
the  Southern  Confederacy,  I  prefer  it  shall  be 
fought  under  the  organization  of  the  respec- 
tive parties.  I  am  opposed  to  guerrilla  war- 
fare, which  has  been  introduced  into  Missouri; 
I  am  opposed  to  the  Home  Guard  system,  and 
to  anything  that  will  induce  and  encourage 
sectional  war  in  the  State.  I  believe  it  is  bet- 
ter that  all  those  in  this  State  who  desire  to 
fight  for  the  Government  of  the  United  States 
should  flock  to  the  standard  of  the  General 
Government  and  organize  themselves  under 
that  standard ;  and  that  all  who  desire  to  fight 
for  the  Southern  Confederacy  should  array 
themselves  under  that  standard,  and  that  there 
should  be  only  two  organizations.  How  is  it 
to-day  ?  We  have  troops  here  in  Missouri 
acting  under  the  General  Government,  others 
under  the  authority  of  the  Southern  Confed- 
eracy, others  under  the  authority  of  Governor 
Gamble,  and  others  under  the  authority  of 
Gov.  Jackson.  All  these  things  complicate 
our  difficulties,  and  are  calculated  to  stir  up 
an  intestine  war,  arraying  neighbor  against 
neighbor,  and  making  this  war  more  horrible 
in  all  its  details.  Another  reason  why  I  be- 
lieve Missouri  should  not  organize  troops  for 
this  war,  is  this  :  her  destiny  is  not  that  which 
Gov.  Jackson  declared  it — an  independent  pow- 
er—but her  destiny  in  the  future  is  either  with 
the  North  or  the  South ;  and  when  her  position 
shall  be  fixed  with  one  or  the  other,  the  bur- 
dens and  expenses  of  this  war  will  be  just  up- 
on us,  in  proportion  to  our  population,  as  upon 
other  States ;  so  that  an  organization  in  the 
State  would  only  complicate  our  difficulties 
and  make  the  war  more  horrible  within  her 
borders.  The  people  of  the  State  will  have  to 
foot  the  bills  and  pay  the  expense  of  a  State 
army  when  the  war  is  over ;  and  of  course, 


whether  her  position  be  with  the  United  States 
or  with  the  Southern  Confederacy,  she  will 
have  to  pay  her  proportion  of  the  expenses  of 
either  Government.  If  her  position  is  main- 
tained, where  it  is  now,  as  one  of  the  States  of 
the  United  States,  we  cannot  pay  our  propor- 
tion of  the  expenses  and  taxes  of  this  war. 
For  these  reasons,  Mr.  President,  and  others  I 
might  mention,  I  shall  vote  in  favor  of  the 
postponement  of  this  election  for  the  present, 
but  not  for  the  purpose  of  taking  this  election 
from  the  people.  Mr.  President,  I  hope  to  see 
the  country  come  out  of  this  war  purified,  and 
I  hope  to  see  the  elective  franchise  maintained 
in  all  its  integrity  and  purity.  I  voted  before 
in  favor  of  having  the  election  held  in  Novem- 
ber, and  if  the  election  could  be  held  then  in 
all  its  integrity  and  purity  I  would  vote  for 
it,  but  can  it  be  done  1  What  is  the  condition 
of  th  >  State  of  Missouri  now  ?  We  are  under 
martial  law.  Can  freemen  vote  under  martial 
law  ?  —  under  the  menaces  of  bayonets  and 
bullets,  and  under  the  surveillance  of  Federal 
and  Confederate  officers  in  different  sections 
of  the  State  ?  I  believe  in  my  section  of  coun- 
try, in  the  central  portion  of  the  State,  there 
would  be  nothing  to  prevent  an  unbiassed 
election.  We  have  neither  State  Guards  there, 
nor  have  we,  to  any  extent,  Federal  troops 
there;  but  that  is  not  the  case  in  the  city  we 
are  now  sitting  in,  or  in  the  South-west  or 
South-east;  and  until  the  State  can  be  freed — 
until  her  position  with  the  one  power  or 
the  other  can  be  ascertained — and  that  posi- 
tion must  *  e  ascertained  by  bullets  and  bayo- 
nets—until her  position  is  ascertained  and  an 
election  can  be  held  free  and  unbiassed  by 
military  coercion  or  menace,  I  think  it  better 
for  our  institutions  and  the  integrity  of  the 
elective  franchise,  that  this  election  shall  be 
postponed  t  >  that  fortunate  period,  whenever 
it  shall  come.  Now,  I  think  it  would  be  better 
not  to  postpone  this  election  to  any  particular 
day.  The  status  of  Missouri  will  be  settled,  I 
hope,  at  no  remote  period,  and  when  that  pe- 
riod arrives  the  proper  authorities  of  the  State 
can  take  the  steps  to  bring  about  an  election  ; 
and  when  that  election  takes  place,  tree  from 
Federal  bayonets,  and  the  people  have  had 
their  position  assigned  them,  and  the  destiny 
of  Missouri  shall  be  cast  at  the  ballot-box,  all 
loyal  and  good  citizens  will  submit  to  the  ver- 
dict, as  I  will  myself  Unt-.l  that  period  conies, 
I  think  it  better  that  this  election  should  not 
be  held.  Suppose  the  election  should  bo  held 
in  November,  and  this  ordinance  voted  down, 


Jackson  would  then  be  voted  back  into  the 
Gubernatorial  chair.  In  that  case,  would  the 
Federal  Government  vacate  the  field'?  Will 
they  say  that  our  action  has  been  unconstitu- 
tional? On  the  contrary,  suppose  the  ordi- 
nance is  sustained,  and  Governor  Gamble  or 
some  other  gentleman  is  elected  Governor  of 
the  State  of  Missouri,  Jackson  and  his  confed- 
erate allies  shall  march  back  into  Missouri  and 
repulse  the  Federal  forces,  would  they,  in  that 
case,  pay  any  attention  to  the  election,  or  to 
the  Executive  chosen  to  perform  the  duties  of 
Governor?  Under  these  circumstances,  Mr. 
President,  I  think  an  election  in  November 
would  amount  to  nothing,  and  I  think  it  un- 
necessary, and  that  it  would  be  an  insult  to 
the  people  to  hold  that  election  ;  and  I  shall 
therefore  vote  aye. 

The  vote  was  on  the  passage  of  the  ordi- 
nance as  follows  :  Ayes — 49.  Noes — 1.  Mr. 
Sayre  voting  in  the  negative,  and  Mr.  Hall  of 
Buchanan  being  excused. 

Mr.  BRECKINRIDGE  said  he  had  been  request- 
ed by  the  Presidents  of  the  several  railroads 
to  offer  a  petition  for  the  repeal  of  an  act  passed 
by  the  last  Legislature  which  had  been  found 
impracticable  in  its  operation,  and  he  did  so 
without  being  able  at  this  time  to  declare  what 
his  views  were  touching  general  legislation  by 
this  Convention.  He  was  not  fully  satisfied 
that  it  was  proper  for  the  Convention  to  enter 
into  general  legislation  at  all.  The  petition 
was  for  the  repeal  of  the  pro  rata  bill,  and,  at 
the  speaker's  request,  was  referred. 

Mr.  TINDALL,  from  the  Committee  on  Mili- 
tia, reported  a  bill  providing  for  the  organiza- 
tion and  government  of  the  State.  Laid  on 
the  table  and  made  the  special  order  for  to- 
morrow. 

The  Convention  then  adjourned  to  3  P.  M. 

AFTERNOON    SESSION. 

Met  at  3  P.  M. 

The  hill  "nbolishing  certain  offices,  redu- 
cing salaries,"  &<•.,  was  taken  up. 

Mr.  MCFERRAN  offered  the  following  amend- 
ment : 

"The  respective  courry  court  clerks  in  this 
State  shall  take  and  subscribe  the  oath  piovi- 
ded  in  this  oidinan*  e,  and  file  the  SOUTH'  in  the 
office  of  the  Secretary  of  State  wiMiin  the  forty 
days  aforesaid;  and  if  any  county  court  clerk 
shall  toil  to  file  saiH  oath,  duly  subsc-ibcd  and 
sworn  to  as  afotesaid,  his  office  is  hereby  de- 
clared vacant,  and  said  vacancy  shall  be  filled 
by  the  authority  under  the  existing  laws,  and 


75 


in  such  case  the  other  county  officers  of  such 
county  sha'l  comply  with  the  requirements  of 
this  ordinance  within  twenty  days  after  said 
vacancy  shall  be  filled  under  the  provision  of 
this  ordinance." 

Mr.  BROADHEAD  offered  the  following  as  an 
amendment  to  the  amendment: 

S'rike  out  the  6th  section  of  the  ordinance, 
and  insert : 

"6.  That  the  offices  of  the  Judges  of  the 
Supreme  Court,  Judges  of  the  Circuit  Courts, 
Probate  Judges,  Sheriffs  and  Clerks  of  the  sev- 
eral Courts  of  record  of  this  State,  and  Recor- 
ders of  Deeds,  Register  of  Lands,  Auditor  of 
Public  Accounts,  State  Treasurer,  and  Attor- 
ney General,  be  and  the  sam*-  are  hereby  de- 
clared vacant:  and  the  Governor  of  the  State 
is  hereby  authorized  to  fill  the  vacancies  so 
created  in  the  offices  of  Judges  of  the  Supreme 
Cour',  Judges  of  the  Circuit  and  Probate 
Courts,  Register  of  Lands,  Auditor  of  Public 
Accounts,  State  Treasurer,  and  Attorney  Gen- 
eral, by  appointment  of  suitable  persons  to 
such  office". 

"7.  The  Judges  of  the  Supreme  Court  thus 
appointed  shall  have  power  to  appoint  a  clerk 
for  said  court,  and  the  Judges  of  the  Circuit 
Courts  shall  have  power  to  appoint  clerks  for 
their  respect;  ve  courts,  and  recorders  of  deeds 
and  sheriffs  of  the  counties  within  their  respec- 
tive circuits. 

"8.  The  officers  to  be  appointed  by  the  pro- 
visions of  this  ordinance  shall  hold  their  re- 
spective offices  until  the  expiration  of  the  pe- 
riod for  which  the  present  incumbents  of  said 
offices  luve  been  elected,  and  until  their  suc- 
cessors are  elected  and  qualified. 

"9.  The  present  incumbents  of  all'other 
civil  offices  in  the  Sta'e,  except  the  Governor, 
Lieutenant  Governor,  and  Secretary  of  State, 
shall,  within  sixty  days  from  the  passage  of 
this  ordinance,  take  and  subscribe  over  an  affi- 
davit to  support  the  Constitution  of  the  Uni'ed 
States  and  of  this  State,  that  they  will  not  tnke 
up  arms  against  the  Government  of  the  United 
States  nor  the  Provisional  Government  of  th  s 
State,  nor  give  aid  or  comfort  to  the  enemies 
of  either  ;  ;ind  that  they  will  maintai  i  and  sup- 
port the  Piovisional  Government  established 
by  the  State  Convention  of  Missouri.  Ai,d  the 
offii-.--;  of  all  persons  failing  to  file  said  oath,  as 
herein  provided,  are  hereby  declared  vacant; 
and  upon  tin*  certificate  of  the  cleiks  of  the 
Circuit  Courts  of  the  respective  counties  where 
such  offices  may  exi^t,  to  the  effect  that  .such 
persons  have  failed  to  file  such  an  affidavit,  the 


Governor  of  the  State  shall  proceed  to  fill  such 
vacancies  by  appointment." 

Mr.  WRIGHT  moved  to  lay  the  amendment 
on  the  table  and  have  it  printed,  in  order  that 
it  might  be  better  understood. 
The  motion  was  lost. 

Mr.  WRIGHT      I  had  supposed  that  a  meas- 
ure of  this  sort  would  not  have  been  run  through 
with  so  much  swiftness.     I  take  it  for  granted 
it  is  a  settled  matter,  and  I  do  not  suppose  that 
any  thing  1  may  say  will  be  heeded   by  ihis 
Convention;  but  I  feel  it  my  duty  to  protest 
against  adding  new  horrors  to  those  which  al- 
ready rest  upon  our  unhappy  State.    Continue 
as  you  have  begun,  and  you  will  create  compli- 
cations  from  which  men  of  the  greatest  fore- 
sight will  never  be  able  to  extricate  this  State. 
It  was  said  that  Kentucky  passed  through  two 
fires — distracted  land  tries  and  a  distract"d  ju- 
diciary— and  for  thirty  years  the  prosperity  of 
that  noble  State  was  impeded  by  civil  disasters 
arising  from  the  want  of  a  judiciary.      Do  you 
want  to  involve  this  State  in  greater  difficul- 
ties?    Will  you  continue  to  disregard  the  con- 
stitution and  the  popular  vote?     If  so,  it  can 
not  be  disrespectful  to  sav,  that  in   nil   proba- 
bility, if  the  action  of  this   Convention   shall 
continue  in  the  line  of  its  present  policy,  the 
period  may  not  be  distant  when  it  will  be  de- 
stroyed and   dispersed   like   the   Rump   Parlia- 
ment: of  England.     If  you  want  to  add  the  hor- 
rors of  civil  s'rife  to  what  you  have  already 
done,  just  go  on,  and  no  mm  in  the  State  will 
be  secure  in  the  title  to  his  homestead.     If  I 
were  to  forget  my  c^un'ry,  and  were  to  look  to 
any  mensu-e  designed  to  advance  the  interests 
of  my  profession,  I  could  not  forge  any  thing 
better  calculated  to  bring  a  rich  harvest  to  the 
bar  thun  the  bill   which  \ounowh;ive  under 
consideration.    Are  you  anxious  to  have  a  dis- 
tracted judiciary  in  this  land  after  the  experi- 
ence of  Kentucky  in  regard   to  her  old  court 
and  new  court ;  or  is  it  because  you  fear,  that 
it'  you  leave  it  to  the' present  Judges,  they  will 
mar  and  destroy   your  action  ?     Do  you  not 
t;ike  counsel  from  you-  fears? 

Mr.  STEWART.  I  say  as  ;m  individual.  I  am 
prep  .red  to  take  the  responsibility  which  the 
gentleman  se  m<  anxious  to  dodge  I  tell  you 
as  a  constitutional  lawyer,  that  the  people  of 
he  State  of  Mis-outi  are  here  congn  gated  to 
regulate  and  contiol  the  awful  calain.iv  now 
upon  them.  We  had  the  power  to  depose  a 
Governor  and  an  infernal  Legislature,  ;md  •  ow 
we  are  called  upon  to  use  the  most  available 
means  to  -eave  our  families  from  those  con- 


76 


temptible  demagogues  who  have  brought  these 
troubles  upon  us.  Although  I  entertain  the 
most  kindly  feelings  to  the  Judges  of  our 
courts,  yet  I  think  inasmuch  as  we  have  not 
only  undertaken  a  military  revolution,  but  a 
political  revolution,  the  best  policy  is  to  put 
out  of  office  those  men  who  have  the  power  to 
injure  us.  I  am  in  favor  of  making  a  clean 
sweep — of  chopping  the  thing  right  off  at  the 
roots — of  getting  a  pair  of  tweezers  and  pull- 
ing every  hair  out  by  the  roots,  and  making  a 
special  speech  over  it.  In  this  way  I  think  we 
might  remove  every  vestige  of  secessionism 
fiom  Missouri.  Inasmuch  as  we  have  begun 
the  work,  let  us  go  on  with  it  like  men.  Sym- 
pathizers with  traitors  may  shed  their  crocka- 
dile  tears,  but  they  will  not  move  me.  I  have, 
perhaps,  been  guilty  of  human  frailties,  but  I 
never  was  guilty  of  an  attempt  to  tear  down 
that  flag  around  which  cluster  all  our  hopes. 
If  others  could  say  the  same,  the  work  which 
we  propose  would  never  have  been  demanded. 
I  say,  then,  inasmuch  as  we  have  begun  the 
work,  let  us  carry  it  out. 

Mr.  HOWELL.  I  shall  vote  against  this 
amendment  for  the  same  reason  the  gentleman 
from  Buchanan  will  vote  for  it.  If  I  under- 
stood the  gentleman  aright,  he  avowed  himself, 
shortly  after  we  met,  a  guerrilla  chief. 

Mr.  STEWART.     You  misunderstood  me. 

Mr.  HOWELL.  He  was  in  favor,  sir,  of  in- 
troducing—  as  he  avowed  in  his  resolution, 
which  he  offered  the  other  day — the  guerrilla 
system  of  warfare,  under  the  forms  of  law,  in 
Missouri.  I  am  ready,  in  this  awful  crisis,  to 
assist  this  Convention  in  bringing  about  any 
good  that  it  has  power  to  effect,  and  I  am  will- 
ing to  join  in  any  thing  that  will  have  a  tend- 
ency to  restore  peace,  quiet  and  harmony  in 
the  State.  But  if  I  were  to  rack  my  brain  to 
produce  a  measure  which  would  introduce  ef- 
fectually the  guerrilla  system  of  warfare,  it 
would  be  to  adopt  the  amendment  which  has 
been  offered  by  the  gentleman  from  St.  Louis, 
(Mr.  Broadhead,)  and  advocated  by  the  guer- 
rilla chief  from  Buchanan,  (Mr.  Stewart.) 
What  is  the  proposition  contained  in  this 
amendment  ?  It  is  to  decapitate  the  Supreme 
Judges,  the  Circuit  Judges,  the  county  court 
justices,  and  various  other  officers,  not  because 
these  officers  are  useless  and  unnecessary — not 
because  these  officers  are  guilty  of  any  overt 
act, — but  because  we  fear  them,  for  the  reason 
that  they  have  the  power  to  do  us  harm.  The 
people  of  the  State  elected  these  officers,  and 
they  have  confidence  in  them  and  in  their 


qualifications  j  and  I  apprehend,  sir,  they  will 
maintain  that  confidence.  Is  there  any  crime 
in  this,  against  these  officers?  None.  They 
are  not  guilty  of  any  thing,  except  perhaps  of 
holding  an  opinion  not  in  coincidence  with  the 
action  of  this  Convention.  This  amendment 
will  apply  to  Union  Judges  as  well  as  to  Judg- 
es with  Southern  proclivities.  But  this  lever 
will  not  be  brought  to  bear  upon  those  who  are 
known  to  be  Union  men.  They  will  be  recog- 
nized. But  wherever  the  sentiment  of  the  peo- 
ple isoboxious  to  the  sentiment  of  the  Conven- 
tion, there  men  will  be  appointed  to  fill  the 
offices  of  the  people,  and  receive  their  money 
raised  from  the  people  by  taxation.  Are  we 
gone  so  low,  sir,  as  to  tolerate  such  a  thing  in 
this  Sfate?  I  apprehend  not.  I  believe  I  know 
the  sentiment  of  the  people  of  Missouri;  I  be- 
lieve I  know  the  people  of  my  district,  and  I 
believe  they  are  disposed  to  conform  their  ac- 
tion to  the  laws  of  the  country  and  to  the  ge- 
nius of  our  institutions  ;  but  I  believe  they  are 
not  prepared  to  have  a  monarchy  foisted  upon 
them  and  to  succumb  to  it :  and  while  I  would 
not  advise  any  thing  of  the  kind,  yet  it  wrould 
be  impossible  to  restrain  the  people  in  their 
madness  growing  out  of  an  outrage  of  this  kind. 
We  have  heard  of  an  attempt  to  remove  from 
all  parts  of  the  State  these  guerrilla  parties, 
instituted  by  the  Federal  Government  and  the 
Jackson  dynasty,  and  my  voice  will  still  be 
raised  for  that  laudable  purpose,  and  my  vote 
shall  always  he  cast  to  remove  from  the  peo- 
ple all  causes  that  may  be  calculated  to  induce 
outbreaks.  Now,  I  am  willing  to  lop  off  all 
useless  offices  that  we  do  not  stand  in  need  of ; 
but  if  we  vacate  certain  offices,  I  am  not  will- 
ing that  they  shall  be  filled  by  the  Governor, 
but  by  the  people.  What  have  the  people  done 
to  stultify  themselves?  What  have  the  people 
done  to  show  that  they  are  incapable  of  filling 
their  offices?  Sir,  I  say  we  had  better  pause 
in  our  career ;  we  had  better  withhold  the  hand 
of  devastation.  We  should  scatter  as  few  irri- 
tating causes  among  the  people  as  possible.  I 
am  the  more  surprised  at  the  proposition  com- 
ing from  the  quarter  it  does.  I  suppose  it 
meets  the  concurrence  of  the  committee  of 
which  the  mover  was  a  member.  I  hope,  how- 
ever, the  amendment  will  be  voted  down. 

Mr.  MCFERRAN.  I  am  sorry  to  find  the  gen- 
tleman is  disposed  to  argue  this  matter  wholly 
upon  assumption.  The  gentleman  began  by 
assuming  that  the  matter  was  already  cut  and 
dried,  and  would  pass  of  course  ;  overlooking 
entirely  the  fact,  that  the  committee  which  re- 


77 


ported  the  measure  consisted  of  five  members, 
and  that  this  amendment  is  offered  by  but  one, 
the  other  four  concurring  in  the  report  as  of- 
fered by  the  committee.  I  regret  that  he  has 
indulged  in  such  a  course  of  argument.  To  as- 
sume that  a  matter  is  already  determined  is  a 
poor  sort  of  argument.  I  do  not  purpose,  sir, 
to  argue  the  matter.  It  is  before  the  Conven- 
tion, and  they,  no  doubt,  fully  understand  the 
subject ;  and,  for  my  part,  I  am  perfectly  will- 
ing to  let  the  Convention  vote  upon  it,  and  hope 
a  vote  will  be  taken  without  further  discussion. 
I  therefore  move  the  previous  question. 

Motion  sustained. 

The  gentlemen  explained  their  votes. 

Mr.  BROADHEAD.  I  think  all  we  do  will 
amount  to  nothing  unless  we  adopt  this  propo- 
sition. I  am  opposed  to  any  half-way  work, 
and  I  was  in  favor  of  this  proposition  last 
spring.  I  am  opposed  to  binding  the  traitors 
of  the  country  by  test  oaths.  I  know  as  a 
matter  of  fact  that  nine-tenths  of  the  officers 
of  the  State  Legislature  were  traitors,  and  I  am 
therefore  in  favor  of  wiping  them  out.  If  we 
have  not  got  the  nerve  to  do  it,  then  we  have 
not  got  the  power  to  do  any  thing.  This  cry 
of  stirring  up  an  animosity  among  the  people 
cannot  deter  me  from  doing  what  I  consider 
right.  These  men  who  cry  so,  and  who  are  so 
perfectly  horrified,  are  the  very  men  who  have 
been  permitted  to  break  the  peace  of  the  coun- 
try, instigated  and  led  on  by  the  very  officers 
we  propose  to  turn  out  —  men  who  have  no 
sympathy  for  the  great  cause  in  which  we  are 
engaged.  If  we  can  not  do  that,  then  we  can 
not  do  any  thing  ;  unless  we  cut  the  evil  up  at 
the  roots,  it  is  useless  to  do  any  thing.  With- 
out undertaking  to  argue  the  question,  I  will 
merely  ask  that  a  memorial  which  I  have  here, 
signed  by  the  members  of  the  United  States 
Grand  Jury,  be  read.  It  is  the  voice  of  the 
Union  men  whom  I  have  heard  speak  in  all 
parts  of  the  State. 

The  Clerk  then  read  the  memorial. 

Mr.  BRECKINRIDGE.  I  find  myself  some- 
what embarrassed  by  the  fact  that  I  happen  to 
be  honored  with  two  offices.  In  addition  to 
being  a  member  of  this  body,  I  am  also  one  of 
the  judicial  officers  in  the  county  in  which  I 
live.  I  trust,  sir,  even  if  I  do  hold  an  office 
which  is  stricken  at  by  this  ordinance,  that  I 
may  give  my  views  upon  the  matter  without 
incurring  the  suspicion  that  I  have  any  per- 
sonal interest  in  the  premises.  So  far  as  I  am 
concerned  myself,  I  certainly. have  none  what- 
ever. I  have  not  even  thought  the  honors  of 


the  Judiciary  so  weighty,  or  the  emoluments 
so  great,  as  to  cause  me  to  desire  to  retain 
those  honors  or  emoluments.  But  I  am  con- 
strained by  my  judgment,  in  regard  to  what  I 
deem  best  calculated  to  meet  the  demands  of 
the  present  crisis,  to  say  that  I  do  not  think 
the  action  proposed  by  this  amendment  neces- 
sary— I  do  not  think  it  necessary  or  wise.  I 
think  the  present  need  of  the  State  requires  that 
certain  State  officers  should  swear  to  support 
the  constitution  of  the  United  States  ;  that  they 
should  be  required  to  be  loyal,  and  that  when 
it  is  ascertained  that  they  are  not  loyal,  then 
their  official  life  should  cease.  I  think  the  pro- 
visions of  the  ordinance  reported  by  the  com- 
mittee peculiarly  fortunate  in  reaching  direct- 
ly at  the  matter,  and  I  am  therefore  in  favor 
of  it. 

Mr.  STEWART.  I  am  in  favor  of  ousting  ev- 
ery officer  who  is  not  loyal.  My  friend  from 
Monroe  (Mr.  Ho  well)  thinks  it  would  be  hard 
to  discriminate  between  those  who  are  loyal 
and  disloyal.  For  myself,  I  rather  prefer  to 
see  the  application  tried. 

The  amendment  offered  by  Mr.  Broadhead 
was  then  rejected  by  the  following  vote  : 

AYES — Messrs.  Broadhead,  Gantt,  Hender- 
son, How,  Isbell,  Johnson,  Leeper,  Maupin, 
Meyer,  and  Turner — 9. 

NOES — Messrs.  Allen,  Birch,  Bogy,  Breck- 
inridge,  Bridge,  Douglass,  Eitzen,  Gravelly, 
Hall  of  Buchanan,  Hall  of  Randolph,  Hen- 
dricks,  Hitchcock,  Holmes,  Howell,  Irwin, 
Jackson,  Jamison,  Linton,  Long,  Marvin,  Mc- 
Cormack,  McDowell,  McFerran,  Noell,  Orr, 
Phillips,  Pipkin,  Pomeroy,  Rowland,  Smith  of 
Linn,  Smith  of  St.  L.,  Stewart,  Tindall,  Welch, 
Woolfolk,  Wright,  Vanbuskirk,  Zimmerman, 
and  Mr.  President — 40. 

The  amendment  offered  by  Mr.  MCFERRAN 
was  then  taken  up. 

Mr.  HALL  of  Randolph,  in  explanation  of 
his  vote,  said : 

I  wish  to  state  some  of  the  reasons  influen- 
cing my  action  upon  this  amendment,  and  the 
proposition  to  which  this  is  an  amendment. 
You  are  fixing  a  test  oath  for  the  faithful  dis- 
charge of  the  duties  of  an  officer,  which  is  not 
a  test,  and  which  experience  shows  has  not 
been  a  test.  Every  one  of  these  officers  have 
taken  the  oath,  and  some  of  them — it  has  been 
said,  many  of  them — have  violated  the  oath; 
and  now,  for  the  purpose  of  making  them  dis- 
charge their  duties,  you  are  going  to  require 
them  to  swear  over  again.  If  they  have  alrea- 
dy violated  the  oath,  then  we  have  no  reason 


78 


to  suppose  that  they  will  not  do  it  again.  You 
are  presenting  as  a  test,  that  which  every  day's 
experience  shows  is  no  to.-t;  ;.nd  if  every  offi- 
cer chooses  to  take  that  oath  over  again  which 
he  has  already  violated,  he  can  do  so  and  be 
unfaithful  still  ;  he  will  only  add  to  the  guilt 
of  his  perjury.  I  desire  we  shall  act  in  regard 
to  tho<e  shown  to  be  unfaithful,  in  a  summary 
manner.  I  think  it  is  our  duty  to  authorize  the 
Governor  to  remove  such  officers  as  he  finds  it 
necessary  to  remove,  and  put  others  in  their 
places.  He  will  have  a  better  opportunity  of 
ascertaining  who  are  fit,  and  who  are  unfit, 
than  we.  I  shall  therefore  vote  against  these 
tea's,  because  I  consider  they  will,  accomplish 
nothing. 

Mr.  WRIGHT.  I  shall  vote  aye  upon  this 
proposition,  upon  the  principle  that  it  is  right 
to  amend  and  make  a  measure  as  good  as  pos- 


sible. I  will  help  perfect  the' measure,  with 
the  expectation  of  voting  against  the  main  pro- 
position. 

The  amendment  was  adopted  —  ayes  36, 
noes  14. 

Mr.  LONG  moved  to  except  the  School  Com- 
missioner of  St.  Louis  county  from  the  provis- 
ions of  the  bill. 

Mr.  PIPKIN  of  Ironton,  at  this  point,  asked 
leatve  of  absence.  He  had  just  heard  that  new 
disturbances  had  occurred  in  his  neighbor- 
hood, and  he  felt  it  his  duty  to  go  to  his  fam- 
ily. He  had  learned  that  Big  River  bridge,  on 
the  Iron  Mountain  railroad,  had  been  burred. 

Objection  was  made  by  Mr.  STEWART,  and 
the  Convention  refused  to  grant  leave  of  ab- 
sence. 

The  Convention  then  adjourned. 


SIXTH     D  ^L  Y. 


Met  at  10  A.  M. 

Prayer  by  Rev.  J.  J.  PORTER. 

Mr.  WELCH  offered  the  following  resolu- 
tions : 

Resolved,  That  the  certificates  of  pay  of  the 
members  and  officers  of  this  Convention,  sign- 
ed by  the  President  and  attested  by  the  Secre- 
tary of  said  Convention,  shall  be  received  by 
the  various  collectors  of  this  State  in  payment 
of  all  taxes  and  dues,  due  or  to  become  due  to 
the  State,  and  the  Auditor  and  Treasurer  of 
State  shall  pass  upon  and  allow  the  amount  so 
paid  by  said  collectors  on  said  certificates  as 
so  much  money  paid  by  said  collectors. 

Resolved,  That  nothing  in  the  foregoing  re- 
solution shall  be  construed  to  prevent  said  cer- 
tificates from  being  presented  directly  to  the 
Auditor  and  Treasurer  of  State  for  allowance 
and  payment,  but  said  certificates  shall  be 
audited  and  paid  by  said  officers,  upon  presen- 
tation, out  of  any  money  in  the  treasury  not 
otherwise  appropriated. 

Resolved,  Said  certificates  shall  be  assignable 
by  the  indorsement  of  the  name  of  the  member 
or  officer  to  whom  the  same  shall  be  due  and 
payable,  and  said  certificate,  so  indorsed,  shall 
entitle  the  holder  to  all  the  rights  which  the 


WEDNESDAY,  October  16,  1861. 

original  owner  or  holder  might  have  under 
these  resolutions,  and  the  same  shall  be  allow- 
ed and  paid  to  said  holder  in  all  respects  as  if 
he  were  the  party  to  whom  the  same  were  ori- 
ginally due. 

Mr.  PIPKIN.  I  conceive  this  body  has  no 
right  to  appropriate  the  money  of  the  State, 
and  upon  this  proposition  I  desire  the  ay  s 
and  noes. 

The  vote  was  taken  with  the  following  re- 
sult :  ayes  42,  noes  9. 

The  bill  "abolishing  certain  offices,  redu- 
cing salaries,"  &c.,  was  taken  up. 

Mr.  MCFERRAN  accepted  Mr.  Long's  amend- 
ment excepting  the  School  Commissioner  of 
St.  Louis  county  from  the  provisions  of  the 
bill  which  was  offered  yesterday  as  an  amend- 
ment to  Mr.  McFerran's  amendment. 

Mr.  BROADHEAD.  I  object.  I  am  willing 
and  shall  be  in  favor  of  striking  out  the  whole 
section.  The  office  of  School  Commissioner 
of  the  different  counties  is  a  small  affair,  any- 
how, so  far  as  the  pay  is  concerned.  The  of- 
fice is  important,  but  the  pay  does  not  exceed 
$200  in  each  county.  I  am  opposed  to  making 
any  distinction  between  St.  Louis  county  and 
any  other  county.  It  does  not  look  well  on  the 


79 


record.  It  looks  too  much  like  special  legis- 
lation, a  thing  which  we  have  denounced  on 
the  part  of  our  Legislatures  heretofore. 

Mr.  LONG.  There  should  be  a  distinction 
made  and  special  legislation  for  St.  Louis  Co. 
The  School  Commissioner's  duties  for  this 
county  are  not  the  same  as  in  other  counties. 
He  is  the  custodian  of  moneys  for  the  suppoit 
of  the  Schools,  and  has  many  important  duties 
to  perform  which  do  not  devolve  upon  other 
county  commissioners. 

Mr.  HITCHCOCK.  I  would  like  to  ask  the 
gentleman  from  St.  Louis  (Mr.  Long)  whether 
the  provisions  in  the  third  section  of  the  bill 
are  such  that  they  can  not  be  complied  with  in 
this  coun'y,  or,  in  other  word*,  will  the  clerk 
of  the  Board  of  County  Commissioners  of  this 
county  be  able  to  perform  the  duties  of  School 
Commissioner?  I  understand  that  it  will  be 
impossible  for  him  to  do  so. 

Mr.  LONG.  I  will  state  for  the  information 
of  the  Convention,  that  we  have  no  County 
Court  in  'his  county,  but  a  Board  of  County 
Commissioners.  The  clerk  of  this  Board  has 
one  or  two  assistants  employed  all  the  time, 
and  at  different  times  during  the  year  he  is 
compelled  to  employ  five  or  six.  The  School 
Commissioner  of  this  county  is  occupied  the 
whole  time  in  the  discharge  of  his  duties,  and 
if  the  clerk  cf  thk;  Board  of  County  Commis- 
sions is  required  to  perform  the  same  duties, 
it  will  be  necessary  for  him  to  employ  another 
assistant. 

Mr.  STEWART.  The  expatriated  Governor 
stole  all  the  School  money,  and  our  legislation 
in  regard  to  this  matter  will  amount  to  but 
lit'le. 

Mr.  ALLEN.  I  think,  if  St.  Louis  requires 
special  legislation,  we  should  be  willing  to 
grant  it.  I  am  willing  to  vote  these  Commis- 
sioners all  out  elsewhere,  and  especially  in  iny 
county,  as  the  Commissioner  there  is  a  seces- 
sionist 

Mr.  PIPKIN.  The  County  School  Commis- 
sioners are  paid  according  to  the  services  ren- 
dered ;  and  if  nothing  is  done,  of  course  they 
get  nothing.  They  are  paid  out  of  the  county 
revenue,  and  the  county  is  not  bound  to  pay 
any  thing  except  the  County  Commissioner 
himself  makes  out  a  statement  and  swears  to 
it.  The  County  Commissioner  of  my  county 
is  said  to  be  in  the  Southern  army;  conse- 
quen'ly  he  renders  no  service,  and  the  County 
Court  will  not  and  can  not  audit  his  demands. 
There  is  no  occasion  for  abolishing  the  of- 
fice. It  might  operate  upon  him  if  he  should 


return  ;  hut  it  would  operate  upon  others  who 
are  still  loyal  to  the  Union  and  workiigfor 
the  Schools.  I  can  not,  therefoie,  see  the  ne- 
cessity of  abolishing  the  offi  e. 

Mr.  MCFERRAN.  I  know  the  gentleman  has 
stated  the  fact  in  regrard  to  the  payment  of  the 
salary  by  the  counties,  but  I  know  further  that 
the  School  Commissioners  of  every  county  are 
sure  to  do  something  in  order  to  draw  their 
salaries  for  the  full  amount.  The  adoption  of 
the  amendment  will  save  the  State  some  £20,- 
000.  The  County  Clerks  can  perform  the  du- 
ties just  as  well,  except  in  St.  LOUH  county, 
which  is  more  extensive,  and  ought  to  be  ex- 
cepted. 

The  amendment  was  then  agreed  to. 

Mr.  MCFERRAN.  I  am  instructed  by  the 
Committee  on  Civil  Officers  to  offer  the  follow-' 
ing  as  a  new  section  : 

"  SEC  8.  Any  person  whatever  who  may 
take  and  subscribe  the  oath  provided  by  this 
ordinance,  and  file  the  same  in  the  office  of  the 
Secretary  of  State,  or  any  County  Clerk's  of- 
fice in  this  State,  shall  be  exempt  from  arrest 
or  punishment  for  offenses  previously  commit- 
ted by  taking  up  arms  against  the  Provisional 
Government  of  this  State,  or  giving  aid  and 
comfort  to  its  enemies  in  the  present  civil  war, 
subject  to  the  penalties  of  perjury,  as  provided 
in  this  ordinance.  And  it  shall  be  the  duty  of 
the  Secretary  of  State,  and  respective  County 
Clerks,  to  make  out  and  deliver  to  persons 
filing  such  oath,  a  certificate  of  the  fact  under 
their  respective  seals  of  office,  which  certifi- 
cate shall  be  prima  facie  evidence,  in  all  courts 
and  to  all  persons,  that  the  person  named  there- 
in has  complied  with  and  claims  the  benefit  of 
this  ordinance.  And  the  Governor  of  this  State 

hereby  directed  to  furnish  a  copy  of  this  or- 
dinance to  the  President  of  the  United  States 
immediately,  and  request  him,  in  the  name  of 
the  People  of  Missouri,  by  proclamation,  to 
exempt  all  persons  taking  said  oath  under  this 
ordinance  from  all  penalties  they  may  have 
ncurred  by  taking  up  arms  against  the  United 
States,  or  giving  aid  or  comfort  to  its  enemies, 
n  the  present  civil  war." 

Mr.  STEWART.  I  would  like  to  know  if  the 
gentleman  who  offered  this  amen.lrne'it  was 
willing  to  allow  these  nurselings  of  hell — those 
men  with  the  mark  of  Cain  upon  them — to 
comeback?  Is  he  willing  to  take  the  snake 
again  to  his  bosom,  by  receiving  in  good  M- 
owship  men  who  had  violated  every  principle 
of  honor  and  duty? 

Mr.  STEWART  proceeded  at  some  length  in 


80 


reply  to  Mr.  Ho  well,  and  said  he  was  no  "guer- 
rilla chief,"  as  that  gentleman  had  intimated. 

Mr.  PIPKIN.  I  understand  there  are  disturb- 
ances in  iny  section  of  the  State,  and  lam  anx- 
ious to  get  away  ;  I  am  tired  of  listening  to  a 
speech  which  has  been  delivered  at  least  twen- 
ty times  on  this  floor. 

Mr.  STEWART.  I  will  instruct  the  Provost 
Marshal  to  arrest  the  secessionist.  I  would 
like  to  see  him  get  out  of  town  before  he  vote.-. 

Mr.  McFERRAN.  At  the  suggestion  of  a 
gentleman,  I  will  offer  the  following  amend- 
ment to  the  amendment : 

Strike  out    "within  forty  days  aforesaid" 
(after  the  passage  of  the  ordinance,)  and  in- 
sert u  within  ten  days  after  receiving  notice  of 
the  passage  of  this  ordinance,  being  within  for- 
ty days  after  the  passage  thereof.'' 

The  original  amendment  requires  all  persons 
who  seek  the  benefit  of  the  ordinance  to  file  an 
oath  within  forty  days  after  receiving  notice 
of  the  passage  of  the  act,  but  the  amendment 
provides  that  the  person  shall  file  the  oath 
within  ten  days  after  receiving  notice,  and 
within  forty  days  after  the  passage  of  the  act. 

The  amendment  to  the  amendment  was  then 
adopted  and  the  original  amendment  agreed  to. 

Mr.  BROADHEAD  offered  an  amendment  to 
the  5th  section : 

After  the  word  «  Slate,"  in  the  first  line,  in- 
sert the  following :  "  so  far  as  the  same  are 
paid  out  of  the  State  treasury." 

The  object  of  the  amendment  was  not  to  af- 
fect the  reduction  of  the  salaries  paid  out  of 
the  county  treasuries. 

Mr.  GANTT  offered  the  following  as  an 
amendment  to  Mr.  Broadhead's  amendment : 
"  Or  made  a  burden  on  the  county  treasury  by 
State  legislation";  so  that  the  amendment,  as 
amended,  would  read  : 

"  So  far  as  the  same  are  paid  out  of  the  State 
treasury,  or  made  a  burden  on  the  county  trea- 
sury by  State  legislation." 

Mr.  GANTT'S  amendment  was  rejected,  and 
Mr.  BROADHEAD'S  agreed  to  ;  but  it  was  af- 
terwards ascertained  there  was  not  a  quorum 
voting  in  either  case.  Ihe  vote  was  then  re- 
taken on  both  the  amendments. 

Mr.  BIRCH.  I  have  made  an  estimate,  and 
find  that  by  the  operation  of  Mr.  Gantt's 
amendment  upwards  of  $7,000  will  be  saved  in 
county  revenue  alone. 

Mr.  GANTT'S  amendment  was  then  adopted  ; 
ayes  35,  noes  18. 

The  amendment  of  Mr.  BROADHEAD,  as 
amended,  was  then  agreed  to. 


Mr.  BIRCH  then  moved  to  add,  after  the 
word  " salaries,"  in  the  5th  section,  "and 
fees"  ;  so  that  the  section  shall  read,  that  the 
"salaries  and  fees  of  all  civil  officers  shall  be 
reduced  twenty  per  cent."  He  saw  no  reason 
why  feed  officers  should  be  exempted  any  more 
than  salaried  officers. 

The  amendment  was  rejected. 

Mr.  HALL  of  Buchanan  said  that  if  they 
continued  this  system  of  offering  amendments 
they  would  never  get  through  ;  and  moved  the 
previous  question. 

At  the  request  of  Mr.  MCFERRAN,  he  with- 
drew it. 

Mr.  McFERRAN  then  offered  the  following 
amendment:  Strike  out  the  words  "forty 
days,"  wherever  they  occur  in  the  6th  section, 
and  insert  "sixty  days."  He  did  this  for  the 
reason  that  there  were  many  portions  of  the 
State  which  might  not  be  made  acquainted 
with  our  action  within  forty  days. 

The  amendment  was  agreed  to. 

Mr.  HALL  of  Buchanan  then  renewed  his 
call  for  the  previous  question. 

Mr.  BROADHEAD  said  he  was  opposed  to 
any  thing  of  the  kind. 

Mr.  WELCH  said  he  was  opposed  to  the  ap- 
plication of  a  gag  law. 

Mr.  HALL  said  his  object  was  to  expedite 
business  ;  but  he  would  withdraw  the  call. 

Mr.  POMEROY  offered  the  following  as  an 
amendment  to  the  third  section  : 

"  The  fees  of  said  clerks  for  services  herein 
contemplated  shall  in  no  case  exceed  the  sum 
of  fifty  dollars  per  annum." 

Adopted. 

Mr.  WELCH  then  offered  a  substitute  for  the 
first  four  sections.  The  substitute  provides 
for  the  suspension  of  the  salaries  of  the  fol- 
lowing officers :  Board  of  Public  Works,  Su- 
perintendent of  Common  Schools,  State  Geolo- 
gist, Assistant  State  Geologist,  officers  of  the 
State  Lunatic  Asylum,  officers  of  the  Deaf  and 
Dumb  Asylum,  Judges  of  the  Circuit  Courts, 
Circuit  Attorneys  (except  St.  Louis),  Bank 
Commissisner,  and  Assistant  Bank  Commis- 
sioner. 

Mr.  WELCH.  I  desire,  in  offering  this  sub- 
stitute, to  bring  before  the  Convention  the 
merits  of  a  system  radically  different  from 
that  proposed  by  the  Committee  on  Ways  and 
Means.  I  desire  the  Convention  to  consider 
these  two  systems,  and  judge  of  the  compara- 
tive propriety  of  one  or  the  other.  The  plan 
suggested  by  the  committee  provides  for  the 
total  abolition  of  certain  offices  in  this  State. 


81 


The  plan  I  have  suggested  in  this  substitute  is 
that  these  offices  shall  remain  as  the  people 
have  ordained  them  ;  but  that,  in  the  present 
crisis,  while  any  of  these  offices  are  idle,  and 
not  in  the  performance  of  their  legitimate  du- 
ties, their  salaries  shall  be  temporarily  sus- 
pended. There  are  some  serious  objections  to 
the  report  of  the  committee,  unless  it  is  pro- 
posed to  amend  the  constitution ;  this,  how- 
ever, has  not  been  proposed.  The  constitu- 
tion, if  I  mistake  not,  provides  that  in  some  of 
the  offices  ot  this  State,  the  salaries  shall  not 
be  inci  eased  or  diminished  during  the  term  of 
office.  The  Conveution  proposes  to  violate 
that  section  without  amending  it.  They  pro- 
pose to  decrease  the  salary  of  the  Governor 
without  making  the  necessary  change  in  the 
constitution.  Then,  in  regard  to  the  Board  of 
Public  Works,  if  the  Convention  abolish  that 
office,  it  may  result  in  serious  evil  to  the  peo- 
ple. I  have  had  some  little  experience  in  re- 
gard to  the  organization  of  this  Board  of  Pub- 
lic Works,  and  in  the  Legislature  of  the  State 
with  reference  to  that  Board.  Several  years 
ago,  when  the  Railroads  in  this  State  desired 
the  credit  of  the  State  to  assist  them  in  operat- 
ing these  highways,  the  Legislature,  after 
affording  them  relief,  saw  fit,  while  they  had 
the  power — and  very  properly,  as  I  think — to 
establish  a  Board  of  Public  Works,  with  pow- 
er to  take  charge  of  the  State's  interest  in  the 
various  roads.  Now,  when  the  office  is  abol- 
ished, the  interest  of  the  State  in  these  roads 
will  be  entirely  unguarded.  It  is  an  important 
office,  and  i  think  it  unwise  on  the  part  of  the 
Convention  to  abolish  it.  It  is  true,  that  just 
at  the  present  time  the  members  of  the  Board 
are  doing  nothing  but  drawing  their  salaries  ; 
but  it  would  be  better  to  provide  for  a  tempo- 
rary suspension  of  their  salaiies.  When  peace 
is  restored,  that  Board  should  be  in  existence. 
While  these  railroad  charters  were  subject  to 
legislation,  the  Legislature  incorporated  the 
Board  of  Public  Works  into  them.  Abolish 
this  Board  now,  and  you  can  not  hereafter, 
when  it  may  become  necessary,  amend  those 
charters.  When  these  roads  asked  the  assist- 
ance of  the  State,  they  consented  to  the  estab- 
lishment of  this  Board ;  but  if  you  abolish  it 
now,  these  roads  will  never  consent  to  the  re- 
establishment  of  the  Board.  The  State  has 
loaned  to  these  roads  not  less  than  $24,000,000, 
and  the  Board  of  Public  Woks  is  required  to 
watch  over  this  immense  amount  of  the  wealth 
of  the  people  of  the  State,  and  yet  gentlemen 
propose  to  abolish  the  office  entirely.  I  think, 


sir,  it  would  be  far  wiser  to  temporarily  sus- 
pend the  salaries,  and  let  the  office  remain  as 
it  is.  The  Board  is  now  part  and  parcel  of  the 
great  internal  improvement  system  of  the 
State.  It  was  created  for  the  best  interests  of 
the  State,  and  the  people,  through  their  several 
Legislatures,  have  refused  to  repeal  the  bill 
establishing  the  Board  ;  hence,  the  creation  of 
that  Board  has  received  the  approbation  of  the 
people. 

So  far  as  the  office  of  School  Commissioner 
is  concerned,  that  office  can  be  re-established, 
but  the  Board  of  Public  Works  never  can  be. 
I  know  there  are  those  anxious  to  have  the 
Board  of  Public  Works  permanently  discon- 
tinued, and  to  have  their  surveillance  over  the 
road  discontinued  ;  but  the  people  at  large  have 
shown  themselves  decidedly  opposed  to  any 
such  scheme,  and  I  trust  it  will  not  meet  with 
the  sanction  of  this  Convention. 

Mr.  GANTT.  I  think  it  would  be  found, 
whenever  the  time  comes  and  the  matter  is  ex- 
amined into,  that  not  one  of  these  road  com- 
panies have  a  charter  which  can  interfere 
with  any  lawful  legislation  of  the  State.  Let 
them  pay  the  interest  on  the  public  debt, 
and  we  will  very  willingly  forego  the  surveil- 
lance of  which  the  gentleman  speaks.  They 
have  forfeited  their  charters  over  and  over 
again,  and  are  open  to  any  legislation  to  which 
the  Legislature  may  go  into.  I  do  not  think 
there  will  be  any  difficulty  on  the  subject  at 
all.  I  therefore  move  to  lay  the  amendment 
on  the  table. 

Mr.  STEWART  reviewed  the  internal  im- 
provement question  and  recited  some  interest- 
ing facts  in  regard  to  its  introduction,  relative 
to  the  part  he  took  in  the  matter  j  and  how, 
upon  one  occasion,  he  was  opposed  in  his  ef- 
forts by  a  Mr.  Peri,  a  member  of  the  State 
Senate. 

Mr.  SMITH  of  Linn.  It  appears  there  are 
members  of  this  Convention  who  conceive  that 
certain  other  members  can  not  vote  without 
being  lectured  four  or  five  times  a  day — must 
be  reminded  four  or  five  times  a  day  that  the 
people  are  here  in  a  body.  I  have  become 
tired  of  this  song,  and  unless  it  is  stopped  I 
will  resign  and  go  to  my  camp. 

The  PRESIDENT.  I  do  not  how  the  gentle- 
man can  obtain  the  object  he  desires. 

Mr.  SMITH  of  Linn.     Then  I  will  resign. 

Mr.  STEWART.  I  will  have  the  Provost 
Marshal  after  you. 

The  vote  was  then  taken,  on   Mr.  GANTT'S 


82 


motion,  to  lay  Mr.  Welch's  substitute  on  the 
table.  Motion  sustained — ayes  43,  noes  9. 

Mr.  HALL  of  Buchanan.  I  now  renew  my 
motion  for  the  previous  question. 

Mr.  ORR.     I  wish  to  make  some  remarks. 

Mr.  HALL.  I  would  prefer  to  accommodate 
the  gentleman,  but  here  are  gentlemen  all 
around  me  who  wish  to  make  speeches,  and  if 
I  withdraw  for  one  I  shall  be  compelled  to 
withdraw  for  all. 

Mr.  PHILLIPS.  I  wish  to  remark  that  I  have 
discovered  that  the  gentleman  from  Johnson 
(Mr.  Welch)  is  correct  in  regard  to  the  con- 
stitutional difficulty  in  the  way  of  the  adoption 
of  this  report  of  the  committee.  The  consti- 
tution provides  that  the  salary  of  the  Governor 
shall  neither  be  increased  nor  diminished.  If 
the  previous  question  is  sustained,  it  will  pre- 
vent any  amendment  being  offered  to  except  the 
office  of  Governor. 

Mr.  TURNER.  I  observe  there  is  a  disposi- 
tion to  cut  off  all  debate  and  amendments.  This 
species  of  tactics  meets  my  disapprobation.  I 
seo  there  are  gentlemen  here,  who,  as  soon  as 
they  can  get  in  their  own  amendments,  are  rea- 
dy to  spring  the  previous  question,  and  cut  off 
others. 

The  previous  question  was  sustained. 

Mr.  HALL  of  Buchanan.  I  move  that  the 
bill  be  taken  up  by  sections. 

Motion  sustained. 

The  Convention  then  adjourned  to  3  p.  M. 


AFTERNOON    SESSION. 

Met  at  3  P.  M. 

Mr.  POMEROY.  It  has  been  suggested  that 
my  amendment  is  wrong,  and  I  move  a  recon- 
sideration. 

The  PRESIDENT.  It  can  not  be  done  except 
by  unanimous  consent. 

Mr.  GANTT.     Well,  then,  it  cannot  be  done. 

The  first  and  sections  of  the  bill  to  abolish 
certain  offices  were  then  adopted  without  de- 
bate. 

The  third  section  was  taken  up. 

Mr.  SAYRE  demanded  the  ayes  and  noes. 

Mr.  HALL  of  Buchanan  (in  explanation  of 
his  vote).  At  our  last  meeting,  the  propriety 
of  our  interfering  with  these  offices  was  fully 
considered,  and  the  opinion  was  entertained 
that  we  ought  to  confine  our  action  to  matters 
which  had  reference  to  the  condition  of  affairs 
between  Missouri  and  the  United  States.  I  am 
still  of  that  opinion  now,  and  hence,  although 


I  should  be  glad  to  see  these  offices  abolished, 
I  do  not  think  it  is  proper  for  us  to  interfere 
with  them. 

Mr.  ORR.  Having  been  selected  upon  the 
Committeee  of  Civil  Offices,  I  had  desired  to 
address  the  Convention  in  regard  to  the  im- 
portant measure  which  we  are  about  to  act 
upon  ;  but,  for  some  cause  or  other,  this  Con- 
vention has  thought  proper  to  choke  me  off. 
I  believe  there  are  not  more  than  five  men  in 
this  Convention  who  have  proclivities  towards 
secession,  and  I  believe  every  one  of  these  gen- 
tlemen have  said  all  they  desire  to  say,  and 
every  thing  that  can  be  said,  to  aid  the  rebels. 
It  has  been  said  that  I  have  fled  from  my  con- 
stituents and  am  a  refugee,  and  I  had  desired 
to  meet  the  argument  of  the  gentleman  who 
made  this  assertion  ;  but,  being  deprived  of  the 
privilege  of  a  reply,  I  can  only  vote  upon  this 
resolution,  and  let  gentlemen  judge  as  they 
think  proper. 

The  vote  was  ayes  27,  noes  23. 

The  fourth  section  was  then  adopted. 

The  fifth  section  was  next  considered. 

Mr.  PHILLIPS.  I  would  ask  the  unanimous 
consent  of  the  Convention  for  the  privilege  of 
offering  an  amendment  to  this  fifth  section. 
This  section  is  in  direct  conflict  with  the  13th 
section  of  the  4th  article  of  the  Constitution. 

Several  gentlemen  objected. 

Mr.  STEWART.  We  are  above  the  consti- 
tution. 

Mr.  FOSTER  (in  explanation  of  his  vote). — 
I  would  vote  for  this  section  if  I  did  not  think 
that  it  would  conflict  with  the  constitution. 

Mr.  H/.LL  of  Buchanan.  I  would  cheerfully 
vote  for  this  if  I  thought  it  was  proper  for  us 
to  interfere  with  matters  of  general  legislation. 

Mr.  HOWELL.  Permit  me  to  say  that  I  do 
not  think  this  matter  comes  within  the  scope 
of  our  legitimate  duty  at  all.  I  vote  no. 

Mr.  TURNER.  I  would  be  glad  tovote  for 
this  section  of  the  ordinance,  but  my  mind  is 
not  clear  in  regard  to  the  constitutional  pro- 
visions, and  I  vote  no. 

Mr.  MCFERRAN.  It  seems  that  the  genius 
of  some  members  has  discovered  a  great  many 
objections  to  this  section  of  the  ordinance. 
One  gentleman  thinks  it  unconstitutional,  and 
another  that  it  is  general  legislation,  and  there- 
fore not  within  the  purview  of  our  authority. 
Now,  I  regard  it  as  nothing  more  nor  less  than 
an  attempt  at  retrenchment — a  saving  to  the 
State,  in  her  great  trial,  of  her  means,  that  they 
may  be  husbanded  for  other  purposes.  I  do 


83 


not  think  the  objections  urged  amount  to  any 
thing. 

Mr.  ORR.  In  explanation  of  my  vote,  I  wish 
to  say  that  I  have  no  constitutional  scruples  in 
regard  to  this  matter.  I  think  we  occupy  the 
same  position  that  the  Constitutional  Conven- 
tion did  thirty  minutes  after  it  passed  the  pro- 
vision we  propose  to  repeal.  There  is  a  little 
scruple  which  touches  my  pocket,  however,  as 
I  shall  lose  a  hundred  dollars  a  year  after  it  is 
passed  ;  but  with  all  that,  I  vote  aye. 

Mr.  STEWART.  I  think,  as  I  have  said  here- 
tofore, although  it  seems  to  be  a  little  disa- 
greeable to  some  gentlemen,  that  we  are  the 
people  of  Missouri,  and  that  we  have  the  con- 
stitution of  the  State  in  our  own  fingers. 

The  section  was  disagreed  to  —  ayes  24, 
noes  29. 

The  sixth  section  was  next  considered. 

Mr.  HITCHCOCK  (in  explanation  of  his  vote). 
So  far  as  this  measure  is  concerned,  I  have  no 
objection  ;  I  fear,  however,  some  of  the  prac- 
tical results.  I  should  have  preferred  the 
measure  spoken  of  yesterday  j  but  rather  than 
have  nothing,  I  vote  aye. 

The  section  was  agreed  to — ayes  37,  noes  15. 

The  seventh  section  was  adopted  without 
debate. 

The  eighth  section  was  next  considered. 

Mr.  BRECKINRIDGE.  I  love  mercy,  and  I 
think  gentlemen  who  make  ordinances  should 
cultivate  it;  and  I  also  love  justice.  When 
Governor  Gamble  issued  his  proclamation 
sometime  ago,  he  had  the  endorsement  of  the 
authorities  at  Washington  that  all  persons  ta- 
ken up  in  arms  against  the  Republic  who 
should  return,  should  be  forgiven.  I  hope  a 
great  many  availed  themselves  of  that  offer. 
But  I  am  not  willing  now  to  promise,  abso- 
lutely, mercy  to  a  class  of  offenders  which 
is  very  large,  and  some  of  whom  deserve  con- 
dign punishment.  I  hope  it  will  be  consistent 
with  the  Government  to  pardon  in  certain  ca- 
ses ;  but  I  am  not  willing,  in  all  cases,  to  prom- 
ise, absolutely,  complete  pardon. 

Mr.  BUSH.  The  adoption  of  this  section 
would  exempt  from  all  punishment  those  who 
have  brought  all  the  misfortunes  upon  this 
State,  and  I  do  not  think  it  would  be  right  to 
do  this ;  I  can  not,  therefore,  vote  for  the  pro- 
position. The  former  amnesty  which  was 
granted  induced  very  few,  if  any,  to  come  hack 
as  loyal  citizens,  although  it  caused  a  great 
many  to  perjure  themselves. 

Mr.  FOSTER.     I  do  not  think  we  are  sitting 


here  as  a  United  States  Court  or  Grand  Jury, 
and  consequently  we  have  no  right  to  propose 
to  exonerate  men  from  the  highest  crime  in  the 
land.  The  man  who  plots  the  overthrow  of  my 
Government  is  too  great  a  villain  to  meet  with 
any  sympathy  from  me,  and  I  never  will  vote 
for  an  ordinance  to  exonerate  a  man  from  a 
crime  of  this  character.  I  am  willing  to  meet 
things  fairly  and  squarely.  I  have  been  trying 
to  meet  traitors,  and  I  am  willing  to  meet  them 
here  or  wherever  I  can  find  them.  I  vote  no. 

Mr.  McCrfRMACK.  I  am  informed  that  a 
number  of  bills  have  been  found  against  par- 
ties in  rebellion  against  the  United  States  by 
the  U.  States  Grand  Jury;  but  if  we  pass  this 
measure  it  seems  to  me  we  put  a  stop  to  all 
legal  proceedings.  I  am  therefore  opposed  to 
the  adoption  of  this  section. 

Mr.  MCFERRAN.  I  desire  to  explain  the 
vote  I  shall  give.  The  amnesty  offered  by 
Governor  Gamble,  which  has  been  referred  to, 
was  so  general  in  its  terms,  that  there  was  no 
way  of  ascertaining  who  accepted  it,  or  who 
did  not  accept  it.  A  man  might  claim  the  am- 
nesty or  reject  it,  just  as  he  saw  proper.  The 
proposition  now  before  the  Convention  makes 
this  matter  specific,  and  requires  certain  con- 
ditions on  the  part  of  those  who  accept  the 
amnesty.  I  think  it  is  proper  to  offer  those 
men  who  have,  by  false  representations  and 
generous  and  impulsive  natures,  been  led  into 
this  rebellion,  an  opportunity  to  return  to  their 
homes.  I  think  it  is  due  by  this  Convention 
to  say  that  much  to  them.  So  far  as  indict- 
ments pending  for  treason  are  concerned,  there 
are  none  j  and  so  far  as  the  ordinance  affects 
the  General  Government,  it  merely  requests  the 
President  of  the  United  States  to  give  it  effect. 
Besides  all  this,  we  do  not  assume  that  the 
President  of  the  United  States  will  invade  the 
Judiciary  of  the  country;  and  no  intelligent 
man,  involved  in  this  rebellion,  will  suppose 
that  his  accepting  this  amnesty  would  relieve 
him  from  indictment  if  one  were  pending.  I 
take  the  position  that  the  President  can  not 
conlrol  the  Judiciary. 

Mr.  FOSTER.  Do  I  understand  the  gentle- 
man to  say  that  the  President  can  not  control 
the  Judiciary  ? 

Mr.  MCFERRAN.  Yes,  sir.  The  gentleman 
seems  to  think  there  would  be  a  difficulty  about 
the  matter — that  the  proclamation  of  the  Pres- 
ident exonerating  persons  in  rebellion,  would 
be  interfering  with  the  Judiciary  of  the  country. 
We  all  know  that  the  President  has  power  to 


84 


pardon  a  man;  and  we  presume,  further,  that 
if  the  President,  by  proclamation,  releases  any 
man  who  stands  charged  with  a  crime  against 
the  United  States,  the  Judiciary  of  the  Federal 
Government  would  not  afterwards  pardon  that 
man. 

Mr.  STEWART.  I  think  we  should  never 
allow  a  traitor  to  come  back  and  infest  the 
community  with  his  infernal  doctrine. 

The  section  was  agreed  to — ayes  28,  noes  25. 

Mr.  MCDOWELL.  I  move  to  reconsider  the 
vote  on  the  fifth  resolution.  My  object  is  to 
amend  it  by  unanimous  consent. 

Mr.  HALL  of  Buchanan.  I  move  to  lay  the 
motion  on  the  table. 

Mr.  BIRCH  (in  explanation  of  vote).  We 
are  an  extra-constitutional  body,  called  here 
because  the  constitution  did  not  provide  for 
certain  things.  We  have  enacted  these  four 
or  five  previous  sections,  but  we  had  no  author- 
ity to  do  it  under  the  constitution  j  and  so  with 
all  the  rest  of  our  work.  We  have  not  per- 
formed a  single  act,  since  we  assembled,  com- 
patible with  the  constitution.  We  are  here 
outside  of  the  constitution,  for  weal  or  for 
woe.  I  intend  to  vote  for  all  these  measures. 
It  cannot  be  pretended  that  they  will  be  of  no 
benefit  to  the  State,  and  especially  the  5th  sec- 
tion, which  will  save  the  State  some  $50,000. 

The  motion  to  lay  upon  the  table  was  lost — 
ayes  21,  noes  31. 

Mr.  MCDOWELL'S  motion  to  reconsider  was 
then  sustained. 

Mr.  HOWELL.  I  ask  leave  to  offer  an  amend- 
ment. 

The  PRESIDENT.  It  can  not  be  done  except 
by  unanimous  consent. 

Mr.  HOWELL.  My  amendment  is  to  the  5th 
section  ;  to  strike  out  "twenty  per  cent.,"  and 
insert  "  fifty  per  cent." 

Objection  was  made. 

Mr.  PHILLIPS.  I  offer  an  amendment  to  ex- 
cept the  salary  of  the  Governor. 

Objections  raised. 

Mr.  MARVIN.  I  voted  for  the  previous  ques- 
tion, sind  move  a  reconsideration. 

The  fifth  section  was  then  adopted  without 
amendment — ayes  28,  noes  21 — 3  excused. 

Mr.  GANTT.  I  call  the  attention  of  the  Con- 
vention to  the  little  progress  W8  are  making, 
and  I  move  that  we  adjourn  to  7  o'clock  this 
evening. 

Mr.  HALL  of  Randolph.  I  give  notice  that 
on  to-morrow  I  shall  introduce  a  resolution 
limiting  speakers  to  five  minutes. 

Adjourned  to  7  o'clock. 


NIGHT    SESSION. 

Met  at  7  o'clock. 

The  Military  Bill  was  taken  up. 

Mr.  PHILLIPS  offered  an  amendment  to  the 
bill,  to  strike  out  the  words  "or  draft,  if  neces- 
sary." 

Mr.  OUR  obtained  the  floor,  and  spoke  about 
five  minutes  before  the  reporter  was  in  attend- 
ance. At  the  point  where  the  reporter  began, 
he  said  : 

Mr.  ORR.  The  gentleman  from  St.  Louis 
(Mr.  Wright)  said  this  Convention  had  dwin- 
dled down  to  a  bare  quorum,  and  he  wondered 
Avhat  had  become  of  the  rest  of  the  members. 
I  said  then,  and  I  say  now,  that  many  of  them 
did  not  dare  to  come  here  through  fear  of  be- 
ing arrested  for  treason.  The  gentleman  went 
further,  however,  and  said  that  many  of  us 
were  refugees.  He  says  he  said  it  with  all  due 
respect— that  is,  the  respect  due  such  men.  I 
suppose,  I  am  one  of  the  individuals  whom 
he  took  the  liberty  to  style  a  refugee.  I  take 
the  liberty  of  saying  that  I  am  not  a  refugee, 
and  that  the  gentleman  is  mistaken.  It  is  true 
I  fled  for  protection,  but  not  from  my  constitu- 
ents. Notwithstanding  many  of  my  constitu- 
ents are  secessionists,  not  one  of  them  in  the 
five  counties  I  represent  would  have  done  me 
an  injury ;  nor  do  I  believe  there  is  a  leading 
secessionist  in  those  five  counties  who  would 
not  intercede  for  my  release  if  I  was  arrested. 
I  did  flee  for  protection,  and  from  whom  ? 
From  the  very  man  whom  I  once  helped  to  ele- 
vate to  that  chair!  He  came  there  and  said, 
those  who  had  taken  an  active  part  against  the 
Confederates,  and  those  who  had  given  aid  and 
comfort  to  the  Provisional  Government,  would 
be  treated  as  enemies.  I  had  done  a  little  of 
both.  If  I  did  not  take  a  strong  and  active  part 
in  favor  of  this  country,  and  against  secession, 
it  was  because  I  could  not  do  it.  I  did  help  to 
establish  the  Provisional  Government,  and 
therefore  I  conceived  I  was  to  be  treated  as  an 
enemy.  There  were  gentlemen  there  from 
abroad,  from  Africa,  from  Missouri,  and  from 
the  Indian  nations,  and  those  were  the  kind  of 
men  I  fled  from. 

As  to  whether  the  gentleman  from  St.  Louis 
represents  his  constituents  or  not,  that  is  a 
matter  about  which  I  know  nothing,  and  care 
less.  I  have  represented  mine,  and  am  willing 
to  meet  them  now,  if  they  will  only  dispense 
with  the  services  of  those  gentlemen  from  for- 
eign states  who  drove  me  from  my  home. 

We  have  heard  a  great  deal  said  about  men 
being  incarcerated  in  jail — how  many  have 


85 


been  incarcerated,  and  how  much  property  has 
been  destroyed  and  run  over  by  the  Federal 
authorities.  But  have  you  heard  any  thing  on 
the  other  side  ?  Yes  ;  I  remember  to  have 
heard  one  gentleman — the  gentleman  from 
Iron  ton  (Mr.  Pipkin) — say,  that  his  colleague 
had  been  badly  treated;  and  that  is  all  the 
wrong  I  have  heard  intimated  on  the  sunny 
side  of  the  question.  It  strikes  me  that  a  true 
Union  man,  who  deplores  the  failings  of  the 
Federal  Government,  ought  at  least  to  say 
something  of  the  outrages  on  the  other  side. 
I  was  told,  that,  the  day  after  the  battle  of 
Springfield,  Price  and  McCulloch.  issued  pro- 
clamations declaring  that  citizens  should  be 
protected  both  in  persons  and  property ;  but 
the  same  day  their  soldiers  drove  their  wagons 
into  my  fields,  devoured  my  property,  and 
drove  me  from  my  home.  I  was  not  run  off 
by  my  constituents,  but  by  other  people — by 
foreigners — and  every  dollar  of  property  I  had 
has  been  destroyed  by  them.  They  entered 
my  house,  tore  up  my  books  and  papers,  scat- 
tered the  feathers  in  the  beds,  and  broke  the 
furniture.  The  same  outrages  were  committed 
upon  other  Union  citizens,  and  the  course  of 
the  rebel  troops,  everywhere,  has  been  marked 
by  kindred  outrages  ;  yet  they  are  not  consid- 
ered of  sufficient  importance,  in  the  minds  of 
gome  of  the  gentlemen  who  have  spoken  con- 
cerning the  crimes  committed  by  the  Federal 
Government,  to  be  worthy  of  so  much  as  a  sin- 
gle brief  allusion.  I  admit  both  sides  have 
done  wrong,  and  there  never  was  an  army  that 
did  not  do  wrong.  Our  men  have  been  going 
through  the  country,  and  jerking  up  men  and 
swearing  them ;  but  you  may  swear  these  reb- 
els until  their  heads  are  white,  and  you  can  not 
make  Union  men  of  them. 

The  gentleman  from  St.  Louis  went  on  to 
say  that  we  could  not  enlist  the  Irish,  because 
we  wanted  to  crush  out  American  liberty.  He 
also  said  that  we  could  not  raise  men  under  the 
State  law,  because  we  should  first  have  to  sat- 
isfy them  that  we  were  freemen  ourselves— a 
thing  which  we  could  not  do.  He  said,  fur- 
ther, that  he  was  not  a  free  man;  but,  judging 
from  his  late  course,  I  am  inclined  to  think  he 
is  mistaken  in  this  respect.  I  recollect  back  to 
the  time  when  we  first  met  here,  how  the  gen- 
tleman with  his  eloquence  depicted  the  absurd- 
ities of  an  old  secession  rag  that  hung  out  in 
the  street;  but  he  has  got  a  strong  squint  in 
that  direction  himself  now,  and  we  can  not  ex- 
pect any  thing  particularly  complimentary  from 
him.  He  says  that  this  military  law  will  be  a 


failure — that  we  can  not  drum  up  a  regiment 
even  though  we  hold  out  the  inducements  of 
honor  and  gold  ;  while,  on  the  other  hand,  "in 
some  sections  of  the  country  you  see  will  men 
get  upon  their  own  horses,  and,  without  any 
prospect  of  reward,  leave  their  homes  to  join  the 
Southern  army."  Why  did  the  gentleman  use 
the  word,  their  own  horses  1  I  suppose  it  was 
to  show  that  they  did  not  steal  their  horses. 
Does  not  the  gentleman  know  that  they  stole 
their  horses  ?  If  he  does  not,  then  he  has  com- 
mitted a  blunder  ;  and  he  says  the  commission 
of  a  blunder  is  worse  than  a  crime.  I  know 
that  in  my  immediate  community  they  have 
stolen  some  0,000  horses.  "  They  take  their 
guns  and  get  on  their  own  horses."  Why  ? 
"  All  this  for  gold."  I  will  tell  you  what  the 
gentleman  reminded  me  of,  in  the  speech  he 
made.  It  was  difficult  to  tell  which  side  he 
was  on.  Sometimes  he  would  strike  on  one 
side  and  then  on  the  other ;  and  he  reminded 
me  of  a  man  who  was  out  hunting,  once  upon 
a  time,  and  he  saw  something  in  the  bushes 
that  looked  like  a  deer  and  also  like  a  calf; 
thereupon  he  came  to  the  conclusion  that  he 
could  shoot  so  as  to  kill  it  if  it  was  a  deer,  and 
miss  it  if  it  was  a  calf.  "They  take  their  guns 
and  get  upon  their  own  horses"  ! 

Mr.  FOSTER.  If  the  speaker  will  allow  me 
one  question.  When  Col.  Green  stole  seventy- 
nine  horses  out  of  Adair  county,  did  they  not 
become  their  own  horses  then  ? 

Mr.  ORR.  Certainly,  as  soon  as  they  mount- 
ed them.  These  men  with  their  horses  went 
over  the  river  and  robbed  the  Lunatic  Asylum 
of  every  thing,  and  took  all  the  property  they 
wanted  everywhere,  and  spread  ruin  and  deso- 
lation in  their  track.  What  sort  of  men  are 
they?  "Oh,"  says  the  gentleman,  "they  don't 
ever  expect  to  have  a  cent  paid  them  for  their 
services  !"  I  live  where  they  have  been  thick- 
er and  bolder  and  more  of  them  than  you  have 
seen.  They  do  expect  pay,  and  they  have  ta- 
ken forty  years  of  my  labor  towards  their  pay- 
ment. 

Mr.  WRIGHT.  I  never  call  a  man  to  order, 
ana  I  am  very  happy  that  this  warfare  has 
been  made  upon  me.  I  do  not  care  how  many 
of  these  gentlemen  fall  upon  me.  All  I  ask  is, 
that  when  they  get  through  you  will  allow  me 
to  reply  with  a  "  blizard."  What  I  said  was 
this  :  I  was  not  confining  myself  to  the  gen- 
tleman's district,  but  I  was  confining  myself  to 
information  received  from  North  Missouri.  I 
Avas  retailing  what  I  was  informed  transpired 
in  North  Missouri.  I  was  undertaking  to  give 


86 


nothing  of  my  own  knowledge,  but  I  Mras  in- 
formed that  in  North  Missouri  such  a  state  of 
things  had  transpired.  The  gentleman,  with 
his  usual  felicity,  has  transposed  and  blundered 
over  every  thing  I  said. 

Mr.  ORR.  So  far  as  "Wizards"  are  concern- 
ed, he  is  the  gentleman  who  commenced  this 
warfare.  He  commenced  on  me  by  holding  me 
up  to  ridicule.  So  far  as  his  "Wizards"  are 
concerned,  I  fear  them  as  little  as  any  man  he 
ever  saw. 

Mr.  WRIGHT.  I  did  not  allude  to  the  gen- 
tleman at  all.  I  did  not  mention  his  name.  I 
stated  the  fact,  that  although  I  had  been  taunt- 
ed with  not  representing  my  constituents,  it 
could  at  least  be  said  that  I  was  not  a  refugee 
from  them  ;  and  yet  the  gentleman  says  I  was 
talking  to  him. 

Mr.  ORR.  Be  kind  enough  to  tell  me  who 
you  were  talking  to,  and  I  will  go  on  with  my 
"Wizards."  If  he  told  us  what  somebody  else 
gaid,  he  did  not  make  the  crime  any  less.  He 
has  been  informed  that  the  men  of  North  Mis- 
souri are  lovers  of  liberty — all.  Now,  I  hap- 
pened to  be  in  this  city  once,  six  or  seven  years 
ago,  when  the  river  was  frozen  over,  and  a 
large  number  of  gentlemen — such  lovers  of  lib- 
erty as  the  gentleman  has  been  speaking  of — 
went  out  of  the  city  to  sell  whisky,  and  get  rid 
of  paying  taxes.  But  before  they  had  sold  a 
great  deal,  a  desperate  set  of  highflyers  went 
over  and  broke  up  their  shanties.  Then  these 
lovers  of  liberty  came  back,  and  said  they 
would  get  protection  from  the  police.  But  they 
did'nt  get  it;  and  these  lovers  of  liberty  in 
North  Missouri  will  hardly  get  it,  and  they  cer- 
tainly don't  deserve  it. 

The  gentleman  says  we  can't  get  men  to  en- 
list anyhow ;  and  it  strikes  me  a  great  many 
have  enlisted,  and  are  now  helping  to  drive  out 
the  invaders.  I  know  10,000  men  could  have 
been  raised  in  Southwest  Missouri,  under  the 
call  of  Gov.  Gamble,  if  it  had  been  made  a  few 
days  before  this  fight  at  Springfield.  Since 
that  time  we  have  not  had  a  chance  to  go  there. 
There  are  thousands  of  men  wanting  arms  all 
through  the  State,  and  as  soon  as  they  get  them 
they  will  be  ready  to  defend  their  homes  from 
these  Southern  invaders. 

The  gentleman  from  St.  Louis  alludes  to 
Lincoln.  I  am  not  an  advocate  in  behalf  of 
Lincoln.  I  did  as  much  as  I  could  to  defeat 
his  election.  But  I  am  a  Lincoln  man  to-day, 
so  far  as  he  sustains  the  laws  of  the  country. 
In  the  difficulty  that  arose  when  South  Caro- 
lina first  attempted  to  leave  the  Union,  Clay 


and  Webster  both  rallied  to  the  support  of 
Jackson,  and  stood  by  him  until  the  rebellion 
was  crushed  out ;  but  that  did  not  make  them 
Democrats,  and  nobody  considered  them  in 
that  light. 

The  gentleman  from  St.  Louis  has  a  holy 
horror  of  martial  law,  and  says  as  long  as  we 
have  martial  law  we  can  not  be  freemen.  I 
deplore  the  condition  of  the  country  that  makes 
it  necessary  to  have  martial  law  as  much  as 
any  man ;  but  the  times  render  it  necessary. 
It  was  necessary  in  the  time  of  Jackson.  The 
gentleman  shakes  his  head.  He  is  one  of  the 
men  who  wants  to  sit  still  under  all  circum- 
ces,  especially  when  we  can  not  see  what  is 
right.  On  that  principle,  we  should  have  all 
starved  to  death.  The  first  nourishment  we 
drew  might  have  been  poisonous  for  all  we 
knew ;  and  if  we  had  waited  until  we  could  see 
clearly,  we  certainly  should  have  starved.  But 
we  did'nt  wait,  and  I  grew  to  be  a  Union  man 
whom  nobody  doubts.  The  gentleman  labor- 
ed hard  to  show  that  we  did  not  know  what 
we  were  doing  here.  What  would  have  been 
the  effect  if  we  had  done  nothing,  as  the  gen- 
tleman desired  ?  Jackson  and  Reynolds  had 
left  the  State  without  an  executive  head  ;  the 
Convention  had  been  called  together  by  the 
State  Legislature,  and  it  became  our  duty  to 
maintain  the  sovereignty  of  the  State — and  I 
think  we  have  done  it  despite  the  gentleman's 
labors  to  the  contrary. 

"  When  you  can't  see  clearly  what  to  do, 
don't  do  any  thing."  Why  ?  Because,  if  you 
hold  still,  Jackson  and  the  niggers  and  the  In- 
dians will  come  here,  and  sweep  you  off  as  with 
the  besom  of  destruction.  Didn't  you  hear  the 
Southern  Confederacy  say  "let  us  alone."  All 
they  ask  is  to  be  let  alone,  and  then  they  will 
come  to  St.  Louis  and  tear  the  Union  men  into 
"Wizards,"  as  I  believe  the  gentleman  says. 
We  will  not  let  them  alone.  I  will  help  the 
South  fight  for  every  right  to  which  she  is  en- 
titled ;  and  that  Federal  officer  who  attempts 
to  infringe  on  the  rights  of  the  South  will  have 
my  disapprobation.  But  it  is  not  their  right  to 
go  through  the  country,  and  take  our  proper- 
ty, and  destroy  every  right  we  have,  and  com- 
pel loyal  men  to  flee  from  their  homes,  their 
wives  and  their  children.  They  have  invaded 
our  homes.  They  came  within  five  miles  of 
my  house,  and  strewed  the  ground  with  the 
bones  of  their  dead  men.  They  have  invaded 
this  State,  and,  so  help  me  God,  I  am  willing 
to  go  into  their  country  and  help  invade  it. 
What  more  ought  we  to  do  ?  They  common- 


* 


87 


ced  tliis  difficulty;  they  said  they  wanted  a 
separation  ;  they  said  they  could  not  live  with 
the  North,  and  they  were  determined  they 
would  not.  We  did  not  commence  this  diffi- 
culty ;  they  began  it,  and  I  think  Lincoln  did 
wrong,  and  is  deserving  of  censure,  for  allow- 
ing the  restless  and  dissatisfied  scoundrels  to 
run  over  the  bravest  man  in  the  country.  He 
ought  to  have  burned  Charleston  to  ashes — 
that's  what  he  ought  to  have  done. 

"The  institution  of  the  Home  Guards,"  the 
gentleman  says,  "was  illegal."  Now,  I  say, 
and  every  gentleman  in  this  Convention  knows 
there  was  no  legal  authority  for  the  Home 
Guards.  The  Governor  of  the  State  refused 
to  call  out  men  to  defend  the  interests  of  the 
State,  and  so  the  Home  Guards  were  organized 
for  self-preservation,  which  is  the  first  law  of 
nature  ;  and  if  they  had  not  been  organized, 
there  would  not  have  been  abridge  in  Missouri 
to-day— they  would  have  all  been  burnt ;  and 
although  the  organization  of  the  Guards  was 
illegal,  yet  when  Congress  met  they  voted  to 
pay  them.  I  do  not  want  to  live  under  a  gov- 
ernment that  has  not  the  power  of  self-preser- 
vation, and  it  was  on  this  principle  that  the 
Home  Guards  were  organized.  When  I  was 
at  home,  I  remained  there  and  attended  to  my 
business  until  half  a  thousand  ruffians  drove 
me  out ;  vet,  according  to  the  gentleman  from 
St.  Louis,  I  should  wait  until  my  case  can  be 
laid  before  a  grand  jury,  or  the  Judge  of  the 
court.  The  Judge  of  the  court  is  with  the 
rebels,  and  we  shall  not  have  a  grand  jury  un- 
til after  the  war  is  over,  or  until  the  Conven- 
tion appoints  one.  Under  these  circumstances 
we  are  counseled  to  hold  still  and  wait  until 
the  grand  jury  assembles.  That  might  suit 
some  men,  but  I  think  this  Convention  can 
see  what  to  do  a  little  more  clearly  than  that. 

The  gentleman  thinks  that  the  various  pro- 
positions in  this  Military  Bill  are  unworthy  our 
consideration;  that  we  can  not  succeed  in  rais- 
ing an  army  under  this  law,  and  he  is  disposed 
to  look  discouragingly  upon  all  efforts  in  that 
direction.  I  believe  he  even  contends  that  the 
United  States  Government  had  no  right  to  send 
an  army  here  at  all.  In  relation  to  the  financial 
condition  of  the  country  he  is  right ;  we  shall 
have  to  pay  a  portion  of  the  taxation  when  we 
are  in  a  condition  to  pay  our  debts.  But,  let 
me  tell  the  gentleman,  he  can  not  secure  the 
voters  of  Missouri  in  this  way.  If  I  were  sat- 
isfied to-night  that  such  a  debt  would  accumu- 
late that  we  never  could  pay  it,  I  would  say, 
Prosecute  the  war  to  a  successful  termination  ; 


and  rather  than  see  one  solitary  foot  of  this 
United  States  Government  seized  and  taken 
off,  and  its  independence  acknowledged  as 
another  government,  I  would  say,  Go  on  with 
the  war  until  the  treasury  notes  will  not  sell 
for  one  dollar  a  bushel.  Talk  about  the  finan- 
ces of  the  Government,  and  thereby  endeavor 
to  scare  men  from  their  duty,  because  the  Gov- 
ernment will  be  unable  to  pay  its  debts  !  We 
will  pay  our  debts  if  possible  ;  but  at  any  rate 
we  will  prosecute  the  war  to  a  successful  ter- 
mination. I  have  no  fears  at  all  as  to  the  re- 
sult, but  I  have  fears  that  good  men  will  be 
dragged  into  secession.  I  see  good  men,  hun- 
dreds and  thousands  of  young  men,  unthinking 
men,  dragged  into  it;  and  hence  we  have  vo- 
ted to-day  to  hold  out  the  olive-branch  of  peace 
to  them,  to  induce  them  to  lay  down  their  arms 
and  come  back  to  the  best  Government  in  the 
world,  where  they  shall  be  protected.  But  if 
nothing  else  will  do,  then  as  a  last  resort  we 
will  give  them  a  "  blizard." 

In  relation  to  this  Military  Bill,  I  think  it 
necessary  that  it  should  pass.  If  the  people 
have  not  patriotism  enough  to  fight  them,  we 
will  make  them  do  it.  I  do  not  believe  such  a 
necessity  will  arise ;  but  we  may  have  to  re- 
sort to  that  extreme,  and  I  therefore  hope  the 
provision  for  drafting  will  not  be  stricken  out. 

1  will  admit  what  the  gentleman  from  St. 
Louis  said  in  regard  to  U.  S.  gold.  We  have 
too  many  men  fighting  for  gold  and  honor ; 
but,  on  the  other  hand,  I  have  no  doubt  we 
should  have  plenty  of  men  to  prosecute  tho 
war  to  a  successful  termination  even  though 
treasury  notes  were  selling  to-night  at  half  a 
dollar  a  bushel. 

In  regard  to  action  here,  I  think  we  should 
be  in  no  hurry.  What  we  are  doing  is  of  vital 
importance  to  every  individual  in  Missouri, 
and  our  action  should  be  calm  and  deliberate. 
We  all  admit  that  we  arc  above  the  constitu- 
tion, and  everybody  knows  the  Legislature  in- 
tended to  place  us  there,  otherwise  they  would 
never  have  called  us  into  existence. 

The  gentleman  from  St.  Louis  said  the  Other 
day,  if  I  mistake  not,  that  his  head  and  heart 
were  both  deceitful.  I  am  not  disposed  to  con- 
tradict the  assertion,  and  I  would  not  have  dis- 
agreed with  him  even  if  he  had  gone  the  length 
of  the  Bible,  and  said  it  was  "deceitful  above 
all  things  and  desperately  wicked."  [Laugh- 
ter.] 

Mr.  WRIGHT.  Mr.  President,  I  suppose  this 
evening's  entertainment  is  gotten  up  especially 
for  my  benefit.  It  is  the  first  night  session  we 


88 


have  had,  and  under  the  color  of  maturing  a 
military  bill,  I  find  myself  unexpectedly  the 
object  of  a  fusilade  for  imaginary  offenses  com- 
mitted long  ago. 

Sir,  it  is  one  of  the  very  peculiar  circum- 
stances attending  my  history  in  this  Conven- 
tion, chat  when  I  rise — (as  I  always  do,  with- 
out any  other  preparation  than  intense  thought 
upon  the  measures  before  us) — and  speak  ex- 
temporaneously—  days  after  I  have  spoken, 
and  after  the  subjects  of  the  debate  have  been 
acted  on  by  this  body — and  new  themes  are 
under  consideration— gentlemen  rise  in  reply. 
Thus,  at  Jefferson,  one  of  my  colleagues — then 
distinguished,  and  more  distinguished  now — 
found  it  necessary,  after  attempting  a  reply  at 
the  moment,  to  sleep  three  nights  upon  a  more 
deliberate  answer. 

The  learned  delegate  from  Clinton  CJudge 
Birch)  did  indeed,  on  Saturday  last,  make  a 
rejoinder  on  the  spot  to  my  speech  of  that  day ; 
t-ut  I  congratulate  that  gentleman  upon  the 
improved  character  of  his  effort,  as  it  appeared 
in  the  columns  of  the  Republican,  afterwards — 
improved  in  phrase  and  substance — and  espe- 
eia'ly  improved  in  some  references  personal 
to  me,  which  were  never  made  in  debate. 

Thus,  also,  my  worthy  colleague  (Mr.  Hitch- 
cock) heard  my  speech  of  Saturday— gained 
the  floor  on  that  day,  while  yet  the  subject  of 
debate  was  pending,  and  three  days  after  the 
resolutions  of  the  gentleman  from  Clinton  were 
disposed  of,  he  rises  and  delivers  an  elaborate- 
ly prepared  reply. 

And  now,  to-night,  last  and  least,  comes  the 
gentleman  from  Greene  (Judge  Orr),  to  try 
his  hand  upon  the  speech  of  Saturday.  He 
comes  with  studied  preparation,  to  hold  me 
up  as  one  having  only  a  pretended  love  for  the 
fundamental  principles  of  American  liberty 
guarantied  by  the  Constitution,  but  lost  sight 
of  by  the  Federal  administration.  Now,  sir, 
be  assured,  that  I  shall,  after  this  night,  take 
no  pains  to  modify  my  principles  to  suit  the 
gentleman  from  Greene.  He  may  think  of  me 
whatever  he  pleases  to  think ;  but,  as  a  true 
lover  of  constitutional  freedom,  I  will  say  the 
gentleman  from  Greene  is  not  the  only  instance 
in  history,  of  a  man  who  has  zeal  without 
knowledge,  and  passion  without  prudence — 
who  mistakes  rashness  for  vigor,  and  temerity 
for  decision. 

He  tells  us  the  story  of  a  hunter,  perplexed 
how  so  to  shoot  as  to  kill  the  object,  if  a.  deer, 
and  miss  it,  if  a  calf.  Sir,  I  can  appreciate  the 
dilemma  of  that  sportsman,  and  as  it  is  really 


no  purpose  of  mine  to  kill  the  latter  animal,  I 
shall  be  careful  to  point  no  deadly  weapon  any- 
where in  the  direction  of  the  gentleman  from 
Greene. 

I  have  another  difficulty  to  night,  Mr.  Presi- 
dent, almost  insurmountable.  It  is  the  diffi- 
culty of  conducting  a  debate  with  one  who  can 
not  distinguish  between  any  two  ideas  that 
have  a  remote  family  resemblance. 

On  Saturday,  in  a  context  which  made  the 
inquiry  pertinent,  "  what  shall  we,  as  states- 
men, in  the  present  distracted  condition  of  the 
country,  do  ?"  I  quoted  the  maxim  of  Clay : 
"  In  all  human  affairs,  and  especially  in  affairs 
of  government,  experience  teaches,  that  unless 
we  can  clearly  see  that  our  action  will  result 
in  benefit,  it  is  the  highest  dictate  of  wisdom 
not  to  act  at  all." 

The  gentleman  from  Greene,  in  reply,  says  : 
"  if  I  had  acted  on  that  principle,  my  mother 
would  never  have  raised  her  baby."  I  am 
not  prepared  to  deny  that  proposition.  Nor 
does  it  become  me  to  object  to  the  rule  of  ac- 
tion here  which  the  gentleman  announces  for 
himself.  It  is,  to  say  the  least  of  it,  intelligi- 
ble. It  furnishes  the  key  by  which  we  can 
unlock  whatever  may  be  obscure  in  his  course 
as  a  member  of  this  body.  As  a  child  he  acted 
ignorantly  well — doing  essential  deeds  without 
any  knowledge  of  what  he  was  about,  and 
never  looking  to  consequences — and  now,  as  a 
member  of  this  Convention,  he  trusts  to  like 
happy  instincts  in  the  delicate  and  difficult 
duties  of  statesmanship.  I  trust  that  while  I 
grant  to  him  the  privilege,  to  follow  the  blind 
instincts  of  a  child, 

"  Mewling  and  puking  in  its  mother's  arms," 

I  may,  without  offence,  add,  that  the  great 
statesman  of  the  West  did  not  frame  or  utter 
his  maxim  for  sucklings.  It  was  given  for  the 
benefit  of  those,  who,  having  passed  the  narrow 
circle  in  wh  eh  Providence  limits  the  range  of 
mere  instinct,  are  subject  to  the  wider  sway  of 
reason. 

I  objected  to  the  organization  of  the  Home 
Guard  of  Missouri,  as  an  illegal  and  unconsti- 
tutional body.  I  denied  the  power  of  the  Presi- 
dent to  create  that  organization,  and  I  de- 
nounced the  policy  as  eminently  unwise.  The 
gentleman  from  Greene  says,  that  amounts  to  ;i 
denial  of  the  right  of  the  Federal  Government 
to  march  an  army  into  this  State  !  Sir,  is  not 
all  argument  thrown  away  on  such  an  adversary? 
Whoever  heard  me  deny  to  the  Federal  Gov- 
ernment such  a  power  ?  Did  I  not  emphati- 


89 


cally,  at  Jefferson  City,  concede  that  power? 
Did  not  the  gentleman  hear  me  proclaim  it  on 
the  floor?  Is  not  the  admission  recorded  and 
published  in  my  reported  speeches  ?  No  man 
in  or  out  of  this  body  ever  heard  me  utter  any 
sentiment,  or  opinion,  which  by  remote  impli- 
cation could  be  tortured  into  a  denial  of  the 
power.  I  have  never  failed  upon  any  appro- 
priate occasion  to  denounce  with  emphasis  the 
illegality  and  impolicy  of  the  Home  Guards. 
That  organization  was  fraught  with  mischief. 
It  inaugurated  the  guerrilla  Avarfare  in  this 
State.  It  was  the  first  fatal  step  that  led  to 
disorder  and  civil  strife  in  Missouri — they 
followed  it  by  natural  and  logical  sequence. 
That  has  been  my  proposition  from  the  begin- 
ning, and  no  member  of  this  Convention  up  to 
the  present  hour  has  ventured  to  refute  it. 

Again,  sir,  on  the  proposition  to  raise  an  in- 
dependent army  in  this  State  of  40,000  men, 
to  be  armed,  equipped,  and  maintained  by 
State  revenue,  at  a  period  when  the  treasury 
is  empty — when  our  credit  is  at  ruinous  dis- 
count, under  the  weight  of  thirty  millions  of 
indebtedness — when  the  people  are  unable  to 
pay  the  taxes  for  ordinary  State  revenue — 
when  the  courts  are  closed  to  prevent  the  col- 
lection of  do  1m-  by  legal  process — and  when 
the  Federal  Government  has  noAv  on  our  State 
soil  50,000  soldiers  in  arms, — I  said,  in  opposi- 
tion to  the  scheme,  that  it  was  impracticable 
in  fact ;  and  that,  if  practicable,  it  Avould  rather 
foment  discontents  among  our  people  than  allay 
them.  And  the  gentleman  from  Greene  says, 
"  that  amounts  to  the  proposition  that  AVC  have 
no  power  to  do  anything  against  secession  !" 

But  these  are  not  all,  nor  the  greatest  per- 
versions of  my  remarks  perpetrated  by  the 
gentleman. 

While  suggesting  reasons  against  the  policy 
foreshadowed  in  the  resolutions  offered  by  the 
gentleman  from  Clinton,  I  cited  information  I 
had  received  as  to  the  state  of  public  senti- 
ment on  the  north  side  of  the  Missouri  river, 
from  gentlemen  who  resided  in  that  portion  of 
our  State.  I  thought  the  information  was  sig- 
nificant and  important,  from  the  fact  that  the  se- 
cession forces  had  all  been  driven  south  of  that 
river.  I  expressly  stated,  that  my  knowledge 
was  not  personal,  and  gave  Avhat  had  been 
told  me,  by  gentlemen  as  credible  and  as  in- 
discriminately Union  men  as  the  gentleman 
from  Greene.  The  report  was  given  with  cau- 
tious accuracy  in  the  words  of  my  informers. 
They  were  words  graphic  and  well  matched 
to  thought;  and,  if  true,  which  I  did  not  doubt, 


and  do  not  now,  were  well  calculated  to  im- 
press themselves  upon  the  memory  of  any 
public  man  Avho  is  solicitous  about  the  deplo- 
rable condition  of  our  State  and  country,  and 
is  charged  with  duties  bearing  upon  that  con- 
dition. Sir,  I  need  not  go  outside  of  this  body 
for  my  informers — and,  through  a  proper  deli- 
cacy, I  omitted  to  add  the  declared  effect  of 
such  knowledge  upon  the  minds  of  those  who 
gave  me  the  information.  You  remember,  sir, 
the  substance  of  that  information  as  declared 
by  me  on  Saturday.  It  was  to  the  effect,  that 
the  double  temptation  of  gold  and  honor  Avas 
resisted  when  offered  by  the  Federal  Govern- 
ment— Avhile  men  would  be  seen  day  and  night 
on  their  horses,  armed  Avith  rifle  or  shot-gun, 
making  their  way  across  the  Missouri  river.  I 
deemed  it  to  be  the  duty  of  statesmen  to  look 
into  the  causes  which  produced  this  state  of 
things,  and  offered  suggestions  of  what  they 
were.  You  have  just  heard  the  gross  and  foul 
perversions  made  of  that  passage  of  my  speech 
by  the  gentleman  from  Greene. 

Mr.  ORR.  What  foul  and  gross  perversions 
do  you  allude  to  ? 

Mr.  WRIGHT.  The  statement  that  "  the  gen- 
tleman from  St.  Louis  knew  everything" — 
"knew  that  every  man  who  left  for  Price's 
army,  rode  his  own  horse" — and  fouler  still, 
"made  the  declaration  to  let  the  people  know* 
that  they  did  not  steal  the  horses  of  other  men." 
Sir,  I  can  find  no  appropriate  language  to  mark 
the  disgust  and  contempt  I  feel  for  such  mode 
of  argumentation. 

Mr.  ORR.  So  far  as  your  contempt  is  con- 
cerned I  disregard  that ;  and  as  to  the  perver- 
sions, I  ask  the  gentleman  from  St.  Louis,  if 
he  means  to  say  they  were  willful ;  if  he  does, 
I  say  it  is  a  falsehood. 

Mr.  WRIGHT.  The  perversions  are  gross 
and  foul.  It  is  impossible  for  me  to  say  Avheth- 
er  they  were  intentional  or  not.  If  they  Avere 
the  result  of  stupidity,  they  may  be  forgiven — 
if  of  malice,  they  are  contemned,  and  that  is 
the  only  answer  I  can  give  the  gentleman. 

Mr.  ORR.  I  object  to  any  such  perversion 
of  my  remarks,  i  believe  every  fair  and  can- 
did gentleman  in  this  Convention  who  reads 
the  extract  in  question,  will  acknowledge  that 
I  did  not  pervert  its  meaning  in  the  least.  If 
the  gentleman  committed  a  blunder,  he  ought 
not  to  charge  me  with  pervcrt.ng  what  he 
said. 

Mr.  WRIGHT.  I  am  amazed  that  the  gen- 
tleman would  imply  that  the  passages  I  quoted 
as  offensive  were  not  so  intended  by  him. 


90 


What  has  the  gentleman  been  doing  for  an 
hour,  but  trying  to  hold  me  up  as  one  of  ques- 
tionable patriotism?  What  did  he  mean  by 
the  quotation  from  the  Bible,  delivered  with 
so  great  complacency  of  tone  and  manner,  if 
he  did  not  intend  it  should  have  a  personal  ap- 
plication ?  Sir,  speaking  as  a  mortal  conscious 
of  his  fallibility,  as  one  who  has  long  since 
learned  the  necessity  of  distrusting  the  best 
conclusions  of  his  judgment,  speaking  with 
what  I  thought  a  becoming  modesty,  I  did  not 
ascribe  to  my  views  and  opinions  the  quality 
of  infallible  truth.  I  gave  them  for  what  they 
were  worth,  as  the  best  deductions  I  was  able 
to  make  out  of  the  complications  which  sur- 
round us,  conceding  that  the  honest  workings 
of  my  mind  may  have  deceived  me  into  error. 
The  gentleman  from  Greene  says,  in  reply,  "  I 
will  endorse  all  that ;  and  the  gentleman  might 
have  added,  in  the  language  of  Scripture,  that 
his  heart  also  was  deceitful  and  desperately  wick- 
ed" As  abstract  truth,  this  is  unquestionable; 
but  the  tone  and  manner  of  the  gentleman, 
evinced  a  purpose  wide  of  the  pursuit  of  gen- 
eral metaphysics.  The  character  of  his  hour's 
harangue — if  it  had  any  character  at  all — was 
malevolence.  Yet  he  talks  of  the  impropriety 
of  casting  imputations  upon  gentlemen  ! 

Mr.  President,  I  thought  it  our  duty— a  duty 
of  perfect  obligation — to  find  out,  if  we  could, 
the  causes  of  our  discontents.  I  thought  it  espe- 
cially our  duty  to  discover  the  reason  of  the 
growing  disloyalty  of  the  people  of  this  State. 
But  if  I  am  to  judge  from  the  combined  attack 
upon  me  on  this  floor,  this  is  a  mistake.  We 
are  to  resolve,  but  not  investigate.  We  are  to 
take  action  to  preserve  the  peace  of  the  State, 
but  we  are  to  shut  our  eyes  upon  the  causes  of 
disturbance.  We  are  to  furnish  a  remedy,  but 
are  not  to  know  the  disease  !  What  is  this  but 
empyricism,  as  disgraceful  in  statesmanship  as 
quackery  in  medicine.  Truth  even  must  not 
be  told,  exclaims  the  gentleman  from  Greene — 
truth,  which  lies  at  the  very  base  of  our  legis- 
lation here,  must  be  smothered  !  Why  ?  Be- 
cause, says  this  oracle,  it  may  "give  aid  and 
comfort  to  the  enemy."  If  the  General  Gov- 
ernment starts  measures  utterly  subversive  of 
the  Constitution,  and  wholly  incompatible  with 
the  liberties  of  the  people,  it  is  not  loyal  to  de- 
nounce the  violation ;  for  we  learn  from  the 
gentleman  from  Clinton  (Judge  Kirch)  and 
from  my  colleague  (Mr.  Hitchcock)  that  such 
conduct  would  be  criminal  in  any  Union  man ! 
Oh,  sir,  it  has  come  to  this  —  that  if  the  acci- 
dental, fanatical  and  pestilential  Republican 


Administration  at  Washington  should,  to-mor- 
row, abolish,  by  edict,  the  trial  by  jury  in 
America — overthrow  the  liberty  of  conscience, 
and  set  tip  an  established  religion,  to  be  sup- 
ported by  tithes  drawn  from  the  production  or 
money  of  the  people — declare  unlawful  the 
right  of  the  people  to  peaceably  assemble,  to 
deliberate  and  petition  the  Government  for  re- 
dress of  grievances — and  charge  the  Army  and 
Navy  of  the  United  States  with  the  execution 
of  the  decree — and  one,  with  the  love  of  consti- 
tional  liberty  not  yet  extinguished  in  his 
breast,  should  rise  in  this  body  and  denounce 
the  usurpations, — there  are  those  in  this  body 
who  would  also  rise,  and  stigmatize  him  as  an 
"aider  and  abettor  of  the  enemy."  Who  are, 
sir,  the  best  friends  of  the  Union  but  those  who, 
at  every  cost,  struggle  to  keep  the  Government 
within  the  constitutional  orbit  of  its  action? 
The  policy  of  the  gentleman  from  Greene,  and 
that  of  his  associates,  in  combined  attack  upon 
me,  must  bring  the  Government  to  destruction. 
It  will  not  require  the  assisting  power  of  gravi- 
tation to  sink  it  so  low,  that  nothing  but  Om- 
nipotence can  ever  lift  it  up. 

Outside  of  this  body,  Mr.  President,  I  find 
myself  the  object  of  attack.  One  anti-slavery 
press  of  this  city — there  may  be  others  printed 
in  a  tongue  unknown  to  me — utters  its  fulmin- 
ations  against  my  course  in  this  body.  I  allude 
to  the  Democrat.  While  the  press  was  free,  I 
never  noticed  its  comments  upon  my  public  ac- 
tion here.  To  canvass  the  conduct  of  public 
servants  is  the  right  and  duty  of  a  free  press. 
A  free  press  is  one  of  the  great  agencies  of  lib- 
erty. I  have  ever  battled  for  its  constitutional 
immunities,  at  the  peril  of  being  called  "  an 
aider  and  abettor  of  the  enemy."  I  shall  con- 
tinue thus  to  battle.  If  I  descend  to  notice  tlrs 
press  now,  it  is  because  it  is  enslaved-i-and 
slavery  ought  not  to  be  impudent.  I  was  not 
intoxicated  by  its  praise,  for  it  was  too  fulsome 
to  be  merited.  I  am  not  moved  by  its  censure, 
for  it  is  too  indiscriminate  to  be  deserved.  If 
the  conductor  of  this  press  had  lived  3500  years, 
ago,  in  the  days  of  the  theocracy  of  Moses,  he 
would  have  been  found  with  his  ear  nailed  to  a 
door  post,  to  announce  to  all  Israel  that  he  was 
a  slave  ;  and  though  his  auricular  appendages 
may  not  now  be  fastened  by  iron  and  wood, 
the  earmarks  of  his  servitude  are  as  manifest 
as  if  they  were. 

Gentlemen  may  apply  epithets  to  my  course, 
but  they  have  not  shaken  a  position  assumed 
by  me  in  the  speech  of  Saturday.  I  stated 
then  the  proposition,  that  the  suppression  of 


91 


one  free  press  in  the  land  by  military  power, 
enslaves  all  the  rest.  Who  denies  that  propo- 
sition ?  It  is  as  clear  as  any  demonstration  in 
mathematics. 

Mr.  ORR.  As  the  gentleman  seems  to  direct 
his  inquiry  touching  an  enslaved  press  to  the 
gentleman  from  Greene,  I  will  say  this  :  Ad- 
mit that  one  suppressed  press  enslaves  the 
press  of  the  land  ;  the  so-called  Southern  Con- 
federacy suppressed  every  press  in  their  power 
which  was  not  in  consonance  with  the  views  of 
the  secession  leaders,  and  confiscated  the  prop- 
erty of  Union  men,  long  before  we  did  any 
thing  of  the  kind. 

Mr.  WRIGHT.  Well,  Suppose  that  to  be  so  ; 
I  do  not  stop  to  inquire.  Let  it  be  so.  But, 
Mr.  President,  who  can  fail  to  be  amazed  at 
that  logic,  which  seeks  to  sustain  one  enormity 
perpetrated  here,  by  showing  a  parallel  outrage 
committed  in  the  South?  What  is  the  chance 
for  constitutional  freedom  if  offsets  are  to  jus- 
tify every  outrage  upon  liberty  ?  The  South- 
ern people  claim  to  be  outside  of  our  sphere  ; 
they  do  not  acknowledge  the  supremacy  and 
binding  force  of  our  Constitution.  They  may 
be  estopped  from  complaining  of  any  violation 
of  that  instrument  committed  by  the  Adminis- 
tration at  Wellington  ;  but  are  those  who  do 
not  belong  to  the  Southern  Confederacy,  who 
are  in  this  Union  under  the  Constitution,  to  have 
their  protestations  against  encroachments  on 
their  rights  stifled  by  such  argument?  Is  it  not 
paying  too  high  a  price  for  "Union"  to  say, 
that  because  gentlemen  in  the  South  have  re- 
belled, therefore  we  must  consent  to  be  made 
slaves?  You  say  the  gentlemen  of  the  South 
have  no  right  to  insist  on  the  constitutional  ac- 
tion of  this  Government.  Grant  it ;  but  has 
not  every  being  within  the  limits  of  the  Union 
who  acknowledges  himself  to  be  a  citizen  of 
the  United  States,  the  right  to  be  protected  by 
the  Government  in  all  his  constitutional  privi- 
leges and  immunities,  and  especially  in  those 
which  ar^  canonized  by  the  Bill  of  Eights  ? 
Can  you  break  those  rights  and  expect  to  still 
his  instinctive  and  patriotic  clamors  against  the 
deed,  by  saying  they  do  the  same  sort  of  thing 
in  the  South  ?  Or,  do  you  think  to  hush  his 
murmurs  by  calling  him  an  aider  and  abettor 
of  the  enemy  ?  The  enemy  !  What  does  he 
"aid  and  abet"  but  liberty — rational  liberty — 
liberty  identified  with  law — liberty,  possible 
only  by  restraints  upon  power  —  and  is  that  an 
enemy1?  Sir,  that  man  is  the  best  friend  of  the 
Union  and  the  Government  who  insists  that 
Government  shall  live  the  law  of  its  life. 


I  forgive  the  outside  scurrility  of  the  press 
aimed  at  me,  with  all  its  base  ascription  of  un- 
worthy motives  applied  to  me  for  my  action 
here,  by  reason  of  one  immortal  truth  uttered 
in  the  libel.  Distinguishing  correctly  between 
the  Constitution  and  the  Government,  the  wri- 
ter says  "  the  Constitution  is  the  Jaw  of  the  life  oj 
the  Government."  The  principle  thus  laid  down 
is  above  all  price,  and  was  never  couched  in 
apter  words. 

I  repeat  it,  for  I  would  impress  it  on  all  who 
have  charge  of  public  affairs — "The  Constitu- 
tion is  the  law  of  the  life  of  the  Government." 
By  this  law  it  must  live.  It  is  dependent  upon 
that  law  for  its  existence.  Out  of  this  law  it  has 
no  life.  This  is  true  of  all  organizations,  natu- 
ral or  artificial.  The  plant,  the  flower,  the 
tree,  must  live  the  law  of  its  life,  or  it  dies  ; 
and  so  it  is  with  that  artificial  organization 
which  we  name  a  Government.  The  truth  is 
universal ;  it  embraces  every  living  thing  in 
the  Universe  of  GOD.  If  this  Government  is 
to  live,  it  can  only  do  so  by  keeping  to  the  law 
of  its  life — the  Constitution.  NaturaMsts  tell 
us  that  in  the  Vegetable  kingdom,  by  change 
of  place  and  culture  plants  have  been  turned 
into  monsters,  abhorrent  to  science  and  incapa- 
ble of  classification.  If  this  free  Government 
will  not  live  the  law  of  its  life,  it  must  perish  as 
a  Government  of  Freedom  ;  but  it  may  turn 
into  something  else — it  may  become  a  monster 
also — capable  of  classification,  but  abhorrent  to 
our  Fathers,  and  to  all  who  prize  the  institu- 
tions they  left  us.  Sir,  all  this  is  but  an  en- 
larged expression  of  the  idea  I  attempted  to 
convey  in  saying  that  liberty  has  no  life  save 
in  the  supreme  and  uncontrolled  dominion  of 
law.  In  my  poor  way,  while  I  have  been  a 
member  of  this  body,  I  have  at  all  times  la- 
bored to  convince  men  that  the  Government 
should  be  kept  to  the  Constitution.  When  I 
first  took  my  seat  I  could  say  proudly,  the 
Government  has  lived  the  law  of  its  life.  I  can 
not  say  that  now.  I  fear  I  shall  never  be  able 
to  say  it  again.  I  denounced  the  first  departure 
from  this  law,  and  will  continue  to  strike  at 
every  new  departure  it  may  make  in  its  wick- 
ed recklessness  while  I  have  the  power  of  ex- 
pression. The  disloyalty  of  our  people  will 
increase  upon  every  violation  of  their  chartered 
rights.  We  had  a  majority  of  80,000  votes  in 
favor  of  the  Union  under  the  Constitution,  in 
February.  Where  is  it  now,  and  why  ?  Sir, 
I  believe  this  night  we  are  in  a  minority. 

Mr.  SMITH.     I  think  we  have  it  yet. 

Mr.  WRIGHT.    It  may  be  so,  but  I  think  all 


92 


indications  are  the  other  way.  For  one,  I  am 
not  sanguine  of  retaining  the  loyalty  of  Mis- 
sourians  to  a  Government  that  has  no  respect 
for  constitutional  obligations.  I  judge  them  by 
myself.  From  a  people  accustomed  to  free- 
dom we  may  expect  every  sacrifice  for  liberty; 
but  for  its  opposite  none. 

The  gentleman  from  Greene  (Mr.  Orr)  seems 
moved  by  my  reference  to  members  of  this  bo- 
dy who  are  refugees  from  their  constituents. 
The  fact  is  undeniable,  and  my  purpose  in  al- 
luding to  it  was  to  show  the  changes  of  opinion 
among  the  people  of  this  State  since  February, 
which  render  this  body  no  longer  an  exponent 
of  their  will,  and  to  start  inquiry  as  to  the 
causes  that  produced  these  changes.  Pursuing 
the  same  line  of  thought,  I  spoke  of  the  reign  of 
martial  law  in  this  State,  and  now  my  colleague 
(  Mr.  Hitchcock )  understands  me  to  mean 
by  that,  that  we — we,  the  Convention — inaugu- 
rated that  outrage.  This  misconception  is  ex- 
traordinary. I  thought  I  was  perspicuous  in 
charging  that  responsibility  to  a  power  outside 
of  and  above  this  body.  I  think  this  Conven- 
tion has  enough  to  answer  for  without  being 
held  responsible  for  the  action  of  others. 

The  Convention  did  not  inaugurate  martial 
law  in  this  State  ;  and  it  will  not  be  responsi- 
ble for  its  reign  over  us,  except  in  so  far  as  it  l 
shall  countenance  and  support  it.  I  have  not 
sought  to  make  it  responsible  save  for  its  own 
action.  I  charged  that  martial  law,  established 
by  military  power,  over  every  inch  of  our  ter- 
ritory, was  one  fruitful  source  of  the  increasing 
disloyalty  of  our  people,  because  its  mainte 
nance  overthrew  the  Constitution,  and  was  in- 
compatible with  liberty.  I  gave  this  as  one  of 
the  causes  which  had  wrought,  and  was  still 
working,  a  change  of  sentiment  unfavorable  to 
the  Union. 

I  gave  as  another  potent  influence  tending  to 
the  same  disastrous  result,  the  extaordinary 
and  alarming  claim,  set  up  by  the  military 
power  of  the  Federal  Government,  to  try  our 
citizens,  in  no  way  connected  with  the  land  or  naval 
service,  for  their  lives,  by  a  drum-head  court 
martial,  against  the  express  and  unequivocal 
provisions  of  the  Federal  Constitution.  That 
instrument  declares  that  no  person,  unless  he 
be  connected  with  the  army  or  navy,  shall  ever 
be  tried  for  any  crime,  except  by  a  jury  of  his 
country,  taken  from  the  vicinage.  The  best 
blood  of  England  has  been  shed  in  the  mainte- 
nance of  that  right,  and  in  its  defense  the  blood 
of  our  Fathers  would  have  been  freely  spilt. 
Yet  the  gentleman  from  Greene  finds  in  the 


expression  of  these  patriotic,  liberty-loving 
sentiments,  the  evidence  of  my  disloyalty ! 
"  Why,"  he  asks,  "  did  I  not  talk  about  the  ar- 
rest of  Union  men  in  the  South  and  the  confis- 
cation of  property  there  1"  Because  it  was  not 
germaine  to  the  propositions  before  us,  and  be- 
cause it  was  wide  of  the  inquiry  I  was  making 
of  the  causes  which  bred  disloyalty  here  among 
our  own  citizens.  Inquiring — investigating — to 
discover  how  and  why  Missourians  every  day 
become  more  and  more  dissatisfied  with  the 
Government  under  which  they  have  been  proud 
to  live,  and  finding  measures  eminently  calcu- 
lated to  produce  such  a  result — because  I  did 
not  encumber  and  confuse  the  argument  by  in- 
troducing the  alien  ingredient  of  marauding 
arrests  and  expeditions  in  the  South,  therefore, 
says  the  gentleman,  "your  loyalty  is  question- 
able" ! 

I  had  thought,  Mr.  President,  that  it  was  in- 
cumbent on  every  gentleman  here,  in  debate, 
to  preserve  at  least  some  continuity  of  thought 
in  argument,  and  some  visible  connection  of 
subjects  embraced  by  it.  I  shall  adhere  to  a 
rule  which  favors  perspicuity,  without  inter- 
larding every  sentence  with  a  denunciation  of 
secession  and  secessionists,  even  at  the  cost  of 
having  my  allegiance  to  constitutional  liberty 
suspected  by  the  gentleman  from  Greene.  If 
at  any  time  I  shall  find  it  necessary,  in  debate 
here,  to  cover  up  a  conscious  lack  of  ideas  upon 
the  subject  before  us — failing  in  other  resour- 
ces, I  may  be  driven  to  the  expedient,  quite 
familiar  in  this  Hall,  of  denouncing  the  explo- 
ded dogma  of  secession,  in  phrases  stereotyped 
for  common  use. 

Mr.  President,  I  felt  it  my  duty  as  a  member 
of  this  body  to  say,  that,  in  my  opinion,  the 
loyalty  and  affections  of  our  people  for  the 
Federal  Government  would  not  be  augmented 
by  the  restrictive  measures  adopted  by  the 
agents  of  the  Federal  administration  in  this 
State,  and  that  I  feared  and  believed  the  action 
of  this  body  at  Jefferson  contributed  to  our 
discontents.  I  told  you  there,  that  your  action 
would  not  be  sustained  by  our  people  ;  and  I 
am  constrained  to  say,  that  what  you  now  pro- 
pose to  do  will,  in  my  judgment,  multiply  our 
unhappy  disorders.  For  the  counsels  thus  offer- 
ed, I  find  myself  the  object  of  a  joint  attack,  com- 
ing from  various  parts  of  this  body.  Elaborate 
and  studied  speeches  are  now  made  to  sugges- 
tions made  by  me  several  days  ago.  I  commend 
the  gentlemen  to  their  lamps.  They  must  pre- 
pare and  deliberate  many  days  and  nights  before 
they  can  overthrow  any  one  of  the  positions 


93 


assumed  in  the  speech  which  lias  given  them 
so  much  concern. 

Which  of  them  has  attempted  to  refute  the 
proposition,  that  no  civilian  can  he  tried  hy  a 
drum-head  court  martial  in  war  or  peace  ? 
Who  of  them  will  declare  that  American  lib- 
erty can  survive  a  successful  hlow  at  that  con- 
stitutional fortress  ? 

Then  as  to  martial  law,  inaugurated  by  mili- 
tary authority  and  maintained  by  it — and  ad- 
ministered by  the  caprice,  or  will,  or  discre- 
tion, sound  or  unsound,  of  a  soldier — is  that 
compatible  with  American  constitutional  lib- 
erty ?  Is  there  any  man  in  Missouri  who  would 
make  cMier  the  President  of  the  United  States, 
or  any  soldier  wearing  its  uniform,  the  arbiter 
of  his  life  or  liberty  ? 

Can  there  be  a  law  highur  than  the  Consti- 
tution ?  Does  war  override  the  Constitution  ? 
If  so,  whenever  this  country  is  engaged  in 
war,  the  Constitution  is  gone  !  An  ambitious 
President  may  then,  at  any  moment,  rid  him- 
self of  inconvenient  limitations  and  restraints 
put  upon  Executive  power  by  that  instrument, 
and  become  Dictator  by  involving  the  nation 
in  war.  He  may  get  us  into  war  without  a 
declaration  by  Congress.  A  British  King  can 
not  destroy  the  Constitution  of  England  by  the 
expedient  of  war ;  are  our  liberties  less  se- 
cure than  the  liberties  of  our  British  ancestors? 
It  fills  me  with  alarm  and  shame  to  think  such 
thoughts.  Liberty  cannot  live  an  hour  under 
the  rule  of  martial  law. 

The  speech  of  my  colleague  (Mr.  Hitchcock) 
elaborately  prepared,  seems  to  have  been  de- 
signed to  show  that  freemen  may  feel  com- 
fortable, when  either  a  Dictator  rules  over 
them,  or  their  lives  and  liberties  hang  upon 
the  will  of  a  soldier.  The  speech  is  able,  in- 
genious, specious,  and  its  rhetoric  is  unexcep- 
tionable. It  does  credit  to  his  intellect  and  to 
his  powers  of  argument.  Still,  it  is  a  failure 
in  so  far  as  it  was  intended  to  justify  martial 
law,  or  reconcile  us  to  the  sway  of  a  Dictator — 
as  every  speech  directed  to  such  ends  must 
be.  The  illustrations  he  furnishes  from  our 
own  American  annals  are  directly  at  war  with 
the  aim  of  his  argument.  He  reads  an  act 
passed  by  the  Continental  Congress,  to  show  that 
they  made  Washington  Dictator,  and  that  he 
declared  martial  law.  I  deny  both  proposi- 
tions. Congress  never  clothed  him  with  dic- 
tatorial powers  — and  Washington  never  de- 
clared martial  law. 

I  said  the  speech  was  ingenious.  The  pro- 
position the  gentleman  had  to  meet  was,  that 


martial  law  established  by  the  military  power, 
originating  in  the  edict  of  a  soldier,  and  ad- 
ministered by  him,  or.  coming  to  him  by  the 
fiat  of  the  President  of  the  United  States,  was 
against  the  Constitution  of  "the  United  States, 
and  incompatible  with  liberty,  among  others ; 
for  the  reason  that,  by  that  Constitution,  "the 
military  power  is  ever,  at  all  limes,  and  in  the  worst 
of  times,  to  be  subordinate  to  the  civil  authority." 

Now  the  case  he  cites  is  an  act  of  the  civil 
authority — a  law  of  Congress  conferring  certain 
powers  upon  Washington,  as  Commander-in- Chief 
of  the  Army  and  Navy  of  the  States.  If  the  act 
had  authorized  Washington  to  declare  martial 
law,  the  illustration  proves  that  without  the 
act  he  had  no  such  power.  It  establishes  that,  as 
the  chief  military  commander,  he  was  not,  in 
virtue  of  his  office,  able  to  declare  martial  law 
over  the  citizens  within  the  limits  of  his  com- 
mand, and  thus  supports  the  position  he  was 
struggling  to  overthrow.  But  that  is  not  the 
worst.  The  act  did  not  authorize  Washington 
to  declare  martial  law.  Sir,  this  is  not  all. 
The  citation  proves  that  Washington  himself  is 
authority  against  the  power  claimed  for  the  mili- 
tary. He  was  the  highest  military  officer  of 
the  revolution.  He  was  familiar  with  military 
life.  Knowing  that  he  did  not  possess  the 
power  he  needed,  he  asked  Congress  to  clothe 
him  with  it.  He  called  the  powers  he  invoked 
"extraordinary  powers."  And  now,  sir,  on  his 
appeal  to  Congress  for  "  extraordinary  power," 
based  upon  the  necessities  of  the  times — for 
the  revolution  was  not  a  year  old — what  did 
Congress  grant  him  ?  They  gave  him  power 
"to  raise  sixteen  battalions  of  infantry" — "to 
take  property  which  he  needed  at  a  fair  price, 
if  he  could  not  buy  it" — "  to  arrest  and  confine 
persons  ivho  should  refuse  to  receive  the  Continental 
currency,  or  were  otherwise  disaffected  to  the  Ameri- 
can cause:  and  TO  RETURN  to  the  States  of  which 
such  persons  were  citizens,  their  names,  and  the 
nature  of  their  offenses,  together  with  the  witnesses 
to  prove  them."  These  powers  were  vested  by 
Congress  in  the  Commander-in- Chief  for  the  space 
of  six  months,  unless  sooner  revoked  by  Congress. 

I  submit,  sir,  stronger  authority  against  mar- 
tial law,  flowing  from  the  edict  of  a  soldier, 
could  not  well  be  presented :  First,  he  asks 
for  power,  because  as  a  military  commander 
he  does  not  possess  it ;  second,  it  is  given  by 
Congress  to  him  for  a  limited  period  ;  and  it  is 
so  given  as  that  a  military  drum-head  court 
martial  should  have  no  authority  to  try  a  civil- 
ian for  actual  or  supposed  offenses.  He  was 
to  be  remanded  to  the  proper  State,  and  the 


94 


nature  of  his  offense  specified,  and  the  witnesses 
furnished  to  support  the  charge.  The  powers 
given  came,  as  they  ever  ought  to  come,  from 
the  "  civil  authority." 

Whatever  restraints  were,  at  that  period 
of  our  history,  imposed  upon  the  civil  rights  of 
the  people,  emanated  from  their  Representa- 
tives in  the  Congress.  It  presents  a  striking 
instance  of  the  tenacity  with  which  in  that 
early  day — amid  the  throes  of  a  Revolution  in 
its  first  year,  before  the  birth  of  our  Constitu- 
tion, and  prior  to  the  written  Declarations  of 
Rights,  which  afterwards  constituted  the  pecu- 
liar glory  of  our  American  Institutions — they 
held  to  the  essential  principles  and  safeguards 
of  Liberty,  gathered  from  the  bloody  expe- 
rience and  wisdom  of  their  British  ancestors. 

In  the  case  of  our  present  sad  history,  Con- 
gress, a  Republican  Congress,  refused  to  sus- 
pend the  privilege  of  the  writ  of  habeas  corpus, 
though  it  had  the  constitutional  power  to  do 
so.  It  wholly  failed  to  give  to  the  military 
power  any  authority  to  restrain  the  courts  in 
the  exercise  of  their  legitimate  and  constitu- 
tional obligations.  Congress  has  never  passed 
such  an  act  since  the  formation  of  our  present 
Constitution.  It  has  no  power  to  suspend  the 
writ.  All  that  it  can  do  lawfully  is  to  provide, 
after  the  writ  issues,  what  may  be  a  sufficient 
return,  to  authorize  the  court  in  remanding 
the  prisoner.  The  suspension  of  the  privilege 
of  the  writ  does  not  introduce  or  establish  mar- 
tial law,  nor  does  it  create  a  Dictatorship.  It 
does  confer  on  the  military  a  larger  power  over 
the  liberty  of  the  citizen,  but  it  confers  neither 
unlimited  nor  irresponsible  power.  It  still 
keeps  the  military  power,  as  it  ever  must  be, 
"  subordinate  to  the  civil  authority."  A  bill 
having  this  scope  was  before  the  last  Congress, 
but  it  failed  to  become  a  law. 

Again,  sir,  my  colleague  has  not  been  able 
to  mend  his  position  by  the  Rhode  Island  case, 
decided  by  the  Supreme  Court.  Sir,  what  was 
that  case  1  Was  it  one  involving  the  question 
of  the  legality  of  martial  law  emanating  from 
a  soldier,  high  or  low,  by  edict "?  There  could 
be  no  such  question,  for  there  was  no  such 
law.  Rhode  Island  had  no  constitution.  She 
was  living  under  a  Colonial  Charter.  The 
Legislature  of  that  State,  acting  in  virtue  of 
this  charter,  passed  a  statute  which  became  the 
subject  of  discussion,  but  not  of  decision,  in  the 
Supreme  Court  of  the  United  States.  The 
case  went  off  upon  the  ground,  that  it  presented 
a  conflict  of  two  governments  in  the  same 
Sta'e,  the  old  government  under  the  charter, 


and  Dorr's  government  under  a  Convention  of 
the  people.  The  only  decision  made  by  the  Su- 
preme Court  was,  that  it  had  no  power  or  juris- 
diction to  decide  which  was  the  true  government. 
That  the  political,  not  the  judicial  authority  of 
the  United  States,  must  determine  that  ques- 
tion;  and  that  it  had  been  decided  by  the 
political  power  in  favor  of  the  old  colonial  gov- 
ernment. As  to  the  discussion  of  the  bar  and 
bench,  touching  the  character  or  legality  of  the 
act  of  the  Legislature,  different  views  were  en- 
tertained, both  as  to  what  the  law  was,  and  its 
conformity  to  the  Constitution.  Taney,  giving 
the  opinion  of  the  majority  of  the  Court,  inti- 
mates that  it  was  within  the  power  of  the  Le- 
gislature to  pass  an  act  declaring  martial  law ; 
at  least,  that  if  the  Legislature  passed  an  act 
to  that  effect,  there  was  no  authority  in  the 
Supreme  Court  to  pronounce  it  null  and  void. 
It  had  been  sustained  by  all  the  Courts  of 
Rhode  Island. 

Judge  Woodbury,  in  the  ablest  review  of 
the  subject  of  the  military  power  of  this  Gov- 
ernment which  has  ever  emanated  from  the 
Bench,  denied  that  the  act  of  the  Legislature 
did  establish  martial  law,  or  that  such  was  its 
purpose.  On  the  contrary,  he  viewed  it  as 
nothing  more  than  the  adoption  by  that  body 
of  the  general  provisions  of  the  code  military 
of  the  United  States,  generally  known  as  the 
Rules  and  Articles  for  the  Government  of  the 
Land  Forces  of  the  United  States,  which,  at  va- 
rious times  in  our  history,  has  been,  in  the 
main,  adopted  by  the  several  States  for  the 
regulation  of  their  militia.  But,  he  adds,  that 
if  indeed  the  Legislature  of  Rhode  Island  had 
attempted  to  establish  martial  law  within  the 
limits  of  that  State,  it  would  be  the  duty  of 
the  United  States  Supreme  Court  to  pronounce 
the  act  null  and  void,  because  against  the  Con- 
stitution, and  wholly  inconsistent  with  the  na- 
ture of  our  American  institutions  ! 

I  unhesitatingly  affirm,  that  no  judicial  tri- 
bunal in  the  United  States  has  ever  sanctioned 
the  legality  or  constitutionality  of  martial  law 
decreed  by  the  military  power ;  and  it  will  be 
a  dark  day  for  liberty  if  it  shall  ever  be  done. 

I  regret  to  find  any  supporter  on  this  floor 
of  martial  law,  resting  upon  the  ukase  of  a 
soldier,  or  the  fiat  of  Executive  power.  It  waa 
said  by  the  gentleman  from  Clinton  (Judge 
Birch),  that  Jefferson  justified  the  declaration 
of  martial  law  at  New  Orleans,  by  General 
Wilkinson,  under  which,  Bollmand  and  Swart- 
wout  were  arrested  and  imprisoned.  That  is 
a  mistake.  Mr.  Jefferson  never  did  justify 


95 


martial  law.  On  the  contrary,  knowing  it  to  be 
illegal,  in  order  to  cover  the  transaction,  and 
retain  the  political  offenders  in  custody,  he  at 
once-  asked  Congress  to  suspend  the  privilege 
of  the  writ  of  habeas  corpus.  The  Senate  act- 
he  desired,  but  the  House  of  Represen- 
tatives voted  down  the  measure  by  an  over- 
whelming majority. 

Mr.  BIRCH.  This  is  what  I  said  :  I  said 
that  Jefferson  either  justified  or  excused  it, 
and  I  stand  on  that  assertion.  I  am  familiar 
with  the  history  to  which  the  gentleman  refers, 
and  I  am  alike  familiar,  and  I  suppose  him  to 
be,  with  Jefferson's  correspondence,  in  which 
he  excuses  or  justifies  the  action  of  Jackson  at 
New  Orleans. 

Mr.  WRIGHT.  I  understood  the  gentleman 
as  quoting  Jefferson  as  authority  to  justify 
martial  law  decreed  by  military  power.  There 
is  a  wide  difference  between  the  justification 
of  an  act,  and  the  excuse  of  it  under  extenuat- 
ing circumstances.  To  justify,  is  to  make  law- 
ful; to  excuse,  is  to  forgive,  and  necessarily 
implies  a  wrong.  If  I  had  been  a  member  of 
Congress  when  it  was  proposed,  in  1842,  to  re- 
mit the  fine  Jackson  paid  to  Judge  Hall,  I 
should  have  voted  for  refunding  money,  but 
no  human  power  could  make  me  justify  his 
acts.  He  had  done  a  great  wrong,  under  pa- 
triotic impulses,  and  lie  had  atoned  for  it,  by 
yielding  to  the  judgment  of  the  Court,  whose  dignity 
and  constitutional  supremacy  he  had  invaded. 

Ballman  and  Swartwout  were  taken  by  ha- 
beas corpus,  before  the  United  States  Court, 
and  released  by  the  judgment  of  that  tribunal — 
John  Marshall  presiding,  on  the  distinct 
ground,  that  their  arrest  under  martial  law  by 
order  of  Wilkinson  was  unlawful  and  unconstitu- 
tional. It  affirmed  the  doctrine,  that,  under  the 
Constitution,  Congress  only  could  deprive  a 
citizen  of  the  privilege  of  the  great  writ  of 
habeas  corpus. 

In  Louallier's  case,  arrested  and  court-mar- 
tialed by  Jackson  for  violating  the  martial  law, 
lie  as  a  soldier  had  established — the  military 
court  appointed  by  Jackson,  officers  of  the 
army,  discharged  him,  on  the  ground,  that 
martial  law  could  not  legally  clothe  them  with 
the  power  to  try  a  citizen.  The  same  point 
was  decided  by  the  District  Court  of  the  Uni- 
ted States,  sitting  in  Louisiana— and  the  prin- 
ciple was  affirmed  by  the  highest  judicial  tri- 
bunal of  that  State.  The  same  doctrine  was 
announced  by  Chief  Justice  Taney,  in  the 
Merryman  case — so  that  in  every  case  in  which 
the  question  has  been  raised  in  America,  the 


decisions  without  exception  have  denounced 
the  validity  of  martial  law.  In  South  Caro- 
lina, forty  years  ago,  the  Supreme  Court  of 
that  State  condemned  with  emphasis  martial 
law  as  incompatible  with  constitutional  liberty. 

It  has  been  said  by  the  gentleman  from 
Clinton  (Judge  Birch),  and  perhaps  by  my 
colleague  (Mr.  Hitchcock),  that  Madison  justi- 
fied the  action  of  Jackson  in  declaring  martial 
law  at  New  Orleans.  This  is  a  strange  state- 
ment. Have  neither  of  the  gentlemen  ever 
read  the  rebuke  given  by  Madison  to  Jackson 
on  that  occasion  ?  So  soon  as  the  President 
heard  by  report  of  the  imprisonment  of  Hall, 
and  the  arrest  of  Louallier,  the  former  a  Judge 
of  the  United  States,  and  the  latter  a  member 
of  the  Legislature,  he  caused  a  letter  to  be 
written  to  Jackson,  the  most  pungent,  perhaps, 
ever  issued  under  his  authority,  expressing  in 
emphatic  terms  the  astonishment  of  the  Presi- 
dent, that  such  information  should  ever  reach 
him,  touching  the  conduct  of  any  General  in 
the  service  of  the  Government.  Madison,  like 
many  other  good  men,  from  a  variety  of  con- 
siderations, the  lustre  shed  upon  our  arms  by 
the  victory,  the  purity  of  motive,  and  the  pa- 
triotic purpose  of  Jackson  in  all  he  did,  par- 
doned— excused  him — but  he  never  gave  the 
weight  of  his  great  name,  in  sanction  of  mar- 
tial law  decreed  by  a  soldier,  as  valid,  under 
the  Constitution. 

An  attempt,  sir,  has  been  made  on  this  floor 
to  find  a  sanction  of  some  sort  for  the  martial 
law  now  over  us,  by  reference  to  the  act  of 
Congress  in  1842,  refunding  to  Jackson  the 
amount  of  the  fine  ($1,000)  he  paid  in  1815, 
assessed  by  Judge  Hall,  for  contempt.  The  im- 
pression sought  to  be  made  here  is,  that  Con- 
gress justified  the  legality  of  martial  law,  de- 
clared by  Jackson  at  New  Orleans.  Congress 
refunded  the  money  paid ;  but  so  far  from  en- 
dorsin  r  the  principle  of  martial  law,  thus  estab- 
lished— twenty-seven  years  before — they  took 
special  care  to  do  no  such  thing ;  and,  hence,  I 
am  the  more  astonished  at  the  statements  of 
my  colleague  (Mr.  Hitchcock),  who  is  pains- 
taking and  industrious,  and  who  justly  enjoys 
the  reputation  of  accuracy,  presented  in  a  way 
to  give  color  to  the  idea,  that  Congress  in  that 
act  affirmed  his  right  to  declare  martial  law. 

Mr.  HITCHCOCK.  I  beg  leave  to  ask  a  ques- 
tion, a  question  of  fact — whether  the  gentleman 
denies  the  fact  that  the  bill  was  introduced  and 
passed  in  Congress  as  I  stated  it  ?  If  he  does, 
I  refer  him  to  the  14th  Vol.  Benton's  Abridg- 
ment, wherein  it  is  distinctly  stated  that  the 


friends  of  the  bill  refused  to  have  its  title 
changed  because  they  wished  it  to  appear  up- 
on its  face  that  the  bill  was  passed,  not  for  the 
purpose  of  remunerating  General  Jackson,  but 
for  the  purpose  of  exonerating  him  from  all 
blame  in  the  declaration  of  martial  law. 

Mr.  WRIGHT.  I  do  not  question  the  accu- 
racy of  your  statement  so  far  as  you  have  made 
it;  but  my  objection  is  that  your  statement 
does  not  give  the  history  of  the  transaction, 
and  leaves  an  erroneous  impression  in  regard 
to  the  action  of  Congress.  We  know  that  Con- 
gress did  not,  and  could  not  be  induced  to  sanc- 
tion his  right  to  declare  martial  law.  While 
the}r  were  perfectly  willing  to  return  the  money 
from  gratitude  for  distinguished  service,  and 
from  a  just  appreciation  of  the  pure  and  patri- 
otic motives  which  governed  him,  they  were 
not  ready  to  sanction  a  principle  subversive  of 
the  liberties  of  the  people.  Upon  the  very  in- 
troduction of  the  bill,  the  friends  of  Jackson 
were  told  that  the  money  was  nothing,  but  ev- 
ery caution  was  necessary  in  their  action  to 
avoid  a  fatal  precedent ;  and,  to  guard  their  ac- 
tion, the  bill  was  referred  to  a  committee  in 
both  Houses. 

Mr.  HITCHCOCK.  I  wish  to  ask  the  gentle- 
man again,  whether  my  statement  of  fact  is  in- 
correct ;  because,  if  denied,  I  can  convince  him 
to  the  contrary,  and  will  do  so  at  his  earliest 
convenience. 

Mr.  WRIGHT.  I  do  not  doubt  that  you  state 
the  title  of  the  bill  correctly ;  but  your  error 
lies  in  the  inferential  statement  and  argument, 
that  Congress  affirmed  and  justified  the  declaration 
of  martial  law. 

Mr.  HITCHCOCK.  I  do  not  wish  to  interrupt 
the  gentleman,  but  I  desire  to  call  to  his  atten- 
tion the  historical  facts.  I  reaffirm  my  state- 
ment that  the  bill  in  question  was  introduced 
with  the  title — "To  indemnify  Major  General 
Jackson  for  damages  sustained  by  him  in  the 
performance  of  his  official  duty";  that  the  com- 
mittee reported  favorably  upon  the  bill,  and 
Congress  adopted  it  after  full  debate.  It  was 
proposed  in  the  Senate  to  amend  the  title,  so 
as  to  give  General  Jackson  the  money  simply 
as  an  indemnification  by  way  of  reward  for  his 
services  ;  but  his  friends  refused  all  such  pro- 
positions. They  would  not,  and  did  not,  cont 
sent  that  the  bill  should  pass  with  a  differen- 
title,  because,  as  I  said,  they  did  not  want  him 
paid  for  services  except  upon  the  ground  men- 
tioned in  the  title  of  the  bill,  by  a  vote  of  28  to 
20  in  the  Senate,  as  I  stated  in  my  speech. 


Mr.  WRIGHT.  Again  I  say,  I  do  not  dispute 
that  you  have  made  a  literal  transcript  of  the 
title  of  the  bill ;  but  you  have  never  given  the 
bill  itself.  Nor  do  I  dispute  that  the  friends  of 
Jackson  refused  to  put  the  bill  upon  the  ground 
of  receiving  a  thousand  dollars  for  services 
rendered,  and  preferred  the  other  title.  The 
bill  itself  contains  nothing  upon  the  subject  of 
martial  law.  No  resolution  was  introduced  in 
either  House  by  the  friends  of  Jackson,  asking 
Congress  to  declare  the  validity  of  martial  law, 
because  they  knew  upon  the  direct  issue  the 
proposition  could  pass  neither  body.  The 
whole  effort  is,  by  specious  and  partial  state- 
ments, to  deduce  an  inferential  sanction  to  a 
proposition  which  a  full  and  complete  history 
would  refute.  While  the  gentleman  endeavors 
to  create  the  impression  that  the  Congress  of 
1842  thought  martial  law  in  harmony  with  the 
Constitution,  he  has  not  ventured  to  say  so 
himself.  I  ask  him  whether  he,  as  a  lawyer 
and  jurist,  will  say  that  martial  law,  estab- 
lished by  military  edict,  is  justifiable. 

Mr.  HITCHCOCK.  In  the  ordinary  sense,  no; 
in  the  extraordinary  sense,  yes. 

Mr.  WRIGHT.  Well,  sir,  that  passes  my 
comprehension.  I  know  of  no  extraordinary 
sense  in  which  a  thing  can  be  justifiable,  which 
is  condemned  by  all  ordinary  sense.  But,  sir, 
the  gentleman  says  the  bill  was  introduced 
with  the  title  that  constitutes  the  staple  of  this 
preciously  specious  argument,  and  referred  to 
a  committee,  which  reported  favorably  upon  it,  and 
in  that  form  it  passed.  Favorably  !  favorable 
to  what?  favorable  to  martial  law,  or  favorable 
to  the  refunding  of  the  money  ?  Does  not  the 
gentleman  remember  the  character  of  the  re- 
port ?  If  he  does  not,  let  me  refresh  his  mem- 
ory. Here  is  the  report  of  the  committee,  the 
chairman  of  which  was  Senator  Pearce  of  Ma- 
ryland, which  I  will  read  : 

"  Your  committee  do  not  think  that  the  mili- 
tary commander  has  any  rights  or  duties  para- 
mount to  the  Constitution,  from  which  he  de- 
rives his  commission.  If  such  officers  do  pos- 
sess powers  above  the  Constitution  and  the  law 
of  the  land,  of  the  extent  and  application  of 
which  they,  and  they  alone,  may  judge;  and 
if  the  Constitution  and  law  can  not  protect  the 
citizen  against  the  exercise  of  such  extraordi- 
nary, undefined  and  undefinable  powers, — then 
is  our  frame  of  government  a  solemn  mockery, 
then  are  our  bills  arid  declarations  of  rights  idle 
and  unmeaning  forms,  and  the  boasted  liberty 
of  an  American  citizen  is  but  an  empty  sound. 


97 


"  It  would  be  still  more  monstrous  if,  besides 
suspending  the  Imbcnn  <-ori>nx  and  detaining  a 
citizen,  it  should  be  claimed  to  try  and  execute 
him  by  martial  law,  which  is  not  tolerated  in 
En-land,  nor  in  any  country  except  where  des- 
potism reigns. 

"This  doctrine  of  necessity,  which  at  one  time 
is  said  to  abrogate  the  Constitution  and  all  law, 
and  at  another  to  justify  the  invasion  of  a  part 
of  freemen's  privileges  that  the  rest  may  be 
preserved,  has  long  been  known  as  the  tyrant's 
plea.  It  is  not  tolerated  in  England,  no  matter 
what  may  be  the  distemper  of  the  times ;  and 
while  it  is  palpably  incompatible  with  the  prin- 
ciples of  American  freedom,  it  is  also  directly 
met  and  expressly  denied  by  constitutional 
provisions. 

"The  country  may,  in  consideration  of  great 
services,  and  upon  atonement  made,  excuse  the 
individual  who  has  violated  these  principles ; 
but  whenever  they  yield  submissively  to  the 
invasion  of  these  rights — whenever  they  are  pre- 
pared to  admit  the  tyrant's  plea — they  are  Jit  only 
to  be  the  tyrant's  slaves." 

Mr.  President,  that  is  the  mode  in  which  the 
Congress  of  1842  sanctioned  and  justified  the 
right  of  a  military  commander  to  declare  martial 
law.  My  colleague  says  martial  law  was  dis- 
cussed on  the  passage  of  the  bill,  with  its  magi- 
cal title,  and  after  full  debate  it  passed,  with  the 
title  appended.  True  ;  but  how  discussed  and 
by  whom  ?  Martial  law  was  discussed  and  de- 
nounced by  the  discussion.  Out  of  the  whole 
body  ot  Congress,  including  both  Houses,  not 
five  Senators  or  Representatives  ventured  to 
vindicate  the  right.  The  report  in  the  other 
House  took  similar  ground — in  favor  of  refund- 
ing the  money,  but  against  martial  law,  Chas 
J.  Ingersoll,  then  a  member  of  the  lower 
House,  was  one  of  the  few  who  rose  in  justi 
fication  of  the  right  of  the  General  to  declare 
martial  law.  He  is  the  same  gentleman  who 
was  afterwards  crucified  by  Webster.  Dissat- 
isfied with  the  action  of  Congress  because  it 
did  not  justify  GeneralJackson,  he  subsequent 
ly  wrote  a  pamphlet  to  supply  the  vindicatior 
which  Congress  refused  to  make.  It  is  an 
elaborate  essay,  in  which  he  assails  the  Bench 
of  England  and  America  as  unreliable  enuncia 
tors  of  constitutional  doctrine  upon  the  subjec 
of  martial  law  in  both  countries.  To  constru* 
the  action  of  Congress  by  the  ambiguous  till 
of  a  bill  into  a  justification  by  them  of  martia 
law,  in  the  face  of  their  clear  and  solemn  ac 
tion  to  the  contrary,  would  falsify  history. 
7 


We  started,  sir,  in  the  Declaration  of  Inde- 
>endenec,  with  a  denunciation  of  martial  law, 
and,  until  the  unhappy  inauguration  of  the 
>resent  Administration,  in  the  whole  course  of 
our  history  no  department  of  our  Government 
executive,  legislative,  or  judicial — has  ever 

given  its  sanction  to  the  principle 

The  hammer  of  the  President  fell,  the  hour 
laving  expired,  when  Mr  Wright  resumed  his 
seat,  expressing  the  hope  that  on  another  occa- 
sion he  might  find  an  opportunity  to  continue 
his  reply. 

Mr.  TINDALL  said  he  should  vote  for  the 
motion  to  strike  out  the  provision  in  regard  to 
drafting. 

Mr.  McFERRAN.  I  deem  this  provision, 
which  it  is  proposed  to  strike  out,  important. 
I  hope  the  Convention  will  not  refuse  to  give 
the  Governor  the  power  to  draft,  if  it  shall  be 
found  necessary  in  order  to  maintain  the  Gov- 
ernment. It  is  a  matter  of  the  first  importance 
and  of  the  greatest  propriety  that  the  Gover- 
nor should  have  this  power  to  draft.  What 
is  the  use  of  making  our  Government  a  play- 
thing in  the  hands  of  those  who  inaugurated 
this  rebellion  ? 

Mr.  WOOLFOLK.  Is  the  gentleman  willing 
to  draft  secessionist*  and  put  arms  in  their 
hands  ? 

Mr.  McFEHRAN.  I  hold  that  if  our  people 
refuse  to  do  their  duty,  they  should  be  compel- 
led to  do  it  j  and  if  the  Governor  is  of  opinion 
that  drafting  will  be  necessary,  I  am  willing 
to  give  him  the  authority  to  draft.  I  do  not 
expect  he  will  resort  to  drafting  unless  it  is 
necessary;  and  if  it  is  necessary,  we  shall 
have  no  right  to  know  secessionists  from 
Union  men.  I  therefore  move  the  rejection  of 
the  amendment. 

Mr.  FOSTER.  There  seems  to  be  a  difference 
of  opinion  in  regard  to  striking  out  this  pro- 
vision to  draft.  I  look  at  it  in  this  light :  that 
if  we  can  not  get  men  to  enroll  in  the  service 
voluntarily,  it  is  utterly  idle  to  talk  of  forcing 
them  to  fight  against  their  will.  My  opinion 
is,  if  you  want  to  trammel  the  action  of  the 
people,  you  can  best  do  it  by  refusing  to  adopt 
this  amendment.  The  people  of  this  State 
claim  to  be  a  loyal  people;  and  I  believe  they 
will  come  out  and  defend  themselves,  their 
wives  and  children,  from  Jackson's  despera- 
does, if  an  opportunity  to  do  so  is  offered  them. 
I  hope  we  shall  never  have  to  resort  to  the 
drafting  of  secessionists.  If  the  Union  men 
will  not  take  up  arms  and  defend  themselves, 
then  I  say  jet  the  secessionists  rise  up  and  drive 


98 


them  out.  GOD  save  me  from  all  Union  men 
who  are  willing  to  keep  still  and  let  the 
contemptible  scoundrels  under  Price  and 
Jackson  rise  up  and  shoot  them  down  like 
dogs !  I  do  not  desire  to  assist  such  men.  I 
don't  want  this  resolution  to  pass,  because  I 
don't  want  the  American  arms  disgraced  with 
drafted  secessionists  and  cowardly  Union 
men.  We  have  got  the  material  in  Missouri, 


and  could  have  brought  these  trouVes  to  a 
close  long  since,  if  the  Government  had  only 
placed  arms  in  the  hands  of  the  Union  men. 
Therefore  I  hope  you  will  not  bring  dis- 
honor upon  our  arms  by  adopting  this  amend- 
ment. 

The  vote  on  the  amendment  was  then  taken, 
but,  a  quorum  not  being  present,  the  Conven- 
tion adjourned. 


SEVENTH  .D  .A.  Y. 

THURSDAY,  October  17,  1861. 


Met  at  9  A.  M. 

The  Military  Bill  was  taken  up. 

The  amendment  to  strike  out  the  words  "  or 
draft  if  necessary,"  in  the  third  section,  was 
considered. 

Mr.  ALLEN  said,  under  ordinary  circumstan- 
ces he  believed  that  the  bill  should  contain  that 
provision ;  but  under  the  present  extraordina- 
ry condition  of  affairs,  he  was  satisfied  if  the 
Governor  should  attempt  to  draft  citizens  of 
this  State  it  would  have  a  bad  effect.  In  addi. 
tion  to  this,  he  was  satisfied  there  was  a  suffi- 
cient number  of  citizens  who  would  volunteer 
under  the  Governor's  call,  provided  they  could 
have  the  assurance  of  being  armed  and  equip- 
ped. 

Mr.  LONG  said,  in  explanation  of  his  vote, 
under  ordinary  circumstances  he  was  in  favor 
of  the  policy  of  drafting,  but  at  present  he 
doubted  its  efficacy. 

Mr.  STEWART  said  he  knew  the  Union  sen- 
timent of  this  State  was  big  enough  and  earn- 
est enough  to  volunteer  to  protect  the  Consti- 
tution of  the  United  States  and  of  this  State. 
He  was  in  the  military  line  himself,  and  he  ex- 
pected to  kill  out  this  heresy  of  secession.  He 
believed  the  best  way  to  do  it  was  to  put  guns 
in  the  hands  of  Union  men,  and  let  them  co- 
operate with  the  General  Government.  He  did 
not  want  to  have  any  drafted  men  under  him ; 
they  could  not  be  depended  upon. 

The  amendment  was  then  adopted — ayes  32, 
noes  13. 

Mr.  ORR  moved  to  strike  out  sections  15  and 
16,  and  insert  a  provision  that  each  company 
shall  be  allowed  to  elect  its  own  officers.  He 


presumed  the  Governor  might  make  good  se- 
lections, yet  at  the  same  time  he  might  pick 
out  drunkards  and  incompetent  men ;  he  was 
therefore  in  favor  of  allowing  each  regiment  to 
elect  its  own  officers. 

Mr.  HITCHCOCK  said  experience  had  shown 
that  the  plan  proposed  by  the  gentleman  was 
not  a  good  one.  If  the  gentleman's  objection 
had  any  force,  it  was  to  the  effect  that  the  Gov. 
ernor  might  select  unacceptable  officers.  He 
apprehended  there  was  no  force  in  the  objec- 
tion. There  was  more  probability  that  the  Gov- 
ernor would  appoint  acceptable  men  than  that 
he  would  not.  This  matter  had  been  fully  test- 
ed at  Washington,  and  it  was  a  fact  that  the  offi- 
cers who  were  first  chosen  by  the  men  were 
being  sifted  out,  and  officers  who  have  been  se- 
lected appointed  in  their  places.  The  reason 
for  this  was,  that  the  officers  selected  were 
more  competent.  When  men  select  officers, 
they  generally  select  those  who  are  incompe- 
tent for  the  particular  duties  of  military  life ; 
because  those  qualifications  which  recommend 
a  man  politically  or  socially,  and  render  him 
popular  with  the  masses,  are  by  no  means  the 
proper  qualifications  for  a  military  officer. 

Mr.  STEWART  agreed  with  the  gentleman. 
They  might  have  drunkards  and  fools  placed 
in  command  where  the  men  were  allowed  to 
make  their  own  choice.  He  believed  with  Bo- 
naparte, that  a  mistake  in  war  was  worse  than 
a  crime.  He  thought  drunkards  and  fools  had 
been  placed  in  responsible  positions  which  they 
had  no  right  to  hold  ;  and  he  was  for  cleaning 
them  out.  He  would  never  serve  unless  he 
could  have  a  competent  man  as  a  commander — 
a  man  who  had  always  stood  under  the  old  flag. 


99 


He  was  in  favor  of  those  men  who  fight  for  lib- 
erty ;  but  d — n  secession  anyhow. 

Mr.  WELCH  said  the  loth  section,  proposed 
to  be  stricken  out,  was  the  only  section  which 
provided  for  the  offices  of  Major  General  and 
Brigadier  General.  Did  the  gentleman  from 
Greene  propose  to  have  them  elected  ?  and  if 
so,  how  ? 

Mr.  ORR  said  he  supposed  it  would  be  the 
duty  of  the  Governor  to  collect  all  the  forces 
together,  and  then  they  could  elect  their  own 
officers. 

Mr.  GANTT  said  one  blow  had  been  stricken 
at  the  efficiency  of  the  bill,  and  if  this  amend- 
ment was  passed  there  would  be  nothing  left  for 
them  but  to  bury  it  decently.  His  colleague 
(Mr.  Hitchcock)  had  spoken  truly.  Those  re- 
giments which  enlisted  for  three  months,  and 
were  now  in  for  the  war,  had  sought  the  first 
thing  to  get  rid  of  the  officers  whom  they  elec- 
ted. The  result  of  allowing  men  to  elect  their 
officers  was  to  endanger  the  efficiency  and  dis- 
cipline of  the  soldier. 

Mr.  SMITH  of  Linn  offered  an  amendment  to 
the  fifteenth  section,  authorizing  the  compa- 
nies of  the  regiments  to  elect  their  Colonel, 
Lieutenant  Colonel  and  Major,  and  allowing 
the  Governor  to  appoint  the  Major  General  and 
Brigadier  General.  He  was  in  favor  of  allow- 
ing the  men  to  select  the  three  officers  named. 
As  a  general  thing,  he  thought  their  selections 
had  been  as  satisfactory  as  the  appointments. 

The  amendment  was  offered  as  a  substitute 
for  Mr.  ORR'S  amendment,  and  was  rejected. 

Mr.  ORR'S  amendment  was  also  rejected. 

Mr.  PHILLIPS  moved  to  amend  the  fourth 
section  by  inserting  the  word  "  lawful,"  so  as 
to  have  the  provision  read  "will  well  and  truly 
execute  and  obey  all  lawful  orders."  Adopted. 

Mr.  ORR  moved  the  previous  question. 

Objection  was  made. 

Mr.  ORR  said  he  did  not  want  to  be  discour- 
teous, but  he  was  himself  cut  off  yesterday  by 
such  a  motion.  Upon  solicitation,  however,  he 
withdrew  the  motion. 

The  bill  was  then  considered  by  sections. 

Mr.  WELCH  moved  to  strike  out  the  second 
section.  Lost. 

Mr.  TINDALL  offered  an  amendment  to  the 
fifth  section,  "  that  any  battalion  or  regiment 
mustered  into  the  service  of  the  State  may,  at 
their  option,  at  any  time  be  mustered  into  the 
service  of  the  United  States."  Adopted. 

Mr.  TINDALL  also  offered  an  amendment  to 
section  31,  which  is  as  follows  : 


"And  it  shall  be  the  duty  of  the  Commander 
in  Chief  to  authorize  some  member  of  the  staff 
department,  or  some  other  agent  whom  he  may 
appoint  for  the  purpose,  to  proceed  to  such 
places  in  the  State  as  may  be  necessary,  and 
examine  into  the  expenses  incurred  in  the 
preliminary  assembling  and  organization  of 
companies,  the  procurement  of  arms,  the  furn- 
ishing of  supplies,  and  the  necessary  expenses 
incurred  in  and  about  the  organization  of  troops 
under  the  Governor's  proclamation  of  the  24th 
of  August  last.  And  said  agent  or  officer  shall 
adjust  such  claims  as  may  be  presented  to  him, 
allowing  such  as  he  may  deem  just,  and  reject- 
ing those  found  to  be  unjust.  He  shall  report 
his  proceedings  to  the  Governor,  who,  if  he 
approve  the  same,  shall  so  certify  to  the  proper 
officer,  who  shall  cause  the  claims  or  accounts 
so  allowed  to  be  paid ;  but  such  preliminary 
examination  shall  be  unnecessary  in  any  case 
where  the  Governor  shall  have  such  personal 
knowledge  in  respect  to  any  such  claim  as  to 
justify  him  in  certifying  it  to  the  Quartermas- 
ter General  for  payment,  as  hereinbefore  pro- 
vided." 

Agreed  to. 

Mr.  TINDALL  also  offered  an  amendment  to 
section  nine,  defining  the  number  of  battalions 
which  should  compose  a  regiment,  as  follows  : 

"  A  battalion  shall  consist  of  not  less  than 
two  nor  more  than  five  companies,  and  a  regi- 
ment shall  consist  of  not  less  than  two  nor 
more  than  three  battalions.  Each  regiment 
shall  have  one  Colonel,  one  Lieutenant  Colonel, 
and  three  Majors." 

Mr.  TINDALL  thought  it  was  necessary  to 
have  more  Majors  in  the  volunteer  service 
than  in  the  regular  service. 

Mr.  MCFERRAN  was  of  the  same  opinion. 
The  description  of  service  in  this  State  was 
such  that  the  adoption  of  this  amendment 
would  be  of  great  benefit  to  it. 

Mr.  GANTT  thought  the  amendment  would 
only  incur  an  additional  expense.  He  took  it 
for  granted  that  every  gentleman  must  see  that 
the  chances  of  their  being  able  to  to  defray  the 
expenses  out  of  the  State  treasury  were  small; 
and  if  they  expected  to  get  the  expense  de 
frayed  by  the  United  States  Government,  he 
thought  they  had  best  allow  the  section  to 
stand  in  its  original  shape. 

Mr.  FOSTER  thought  that  the  amendment 
was  in  conflict  with  many  things  which  they 
had  already  agreed  to. 

Mr.  TINDALL  then  withdrew  his  amend- 
ment. 


100 


Mr.  BIRCH  said  he  had  been  instructed  by 
the  Committee  on  Ways  and  Means  to  offer 
the  following  as  an  amendment  to  the  bill : 

AN  ORDINANCE  TO  PROVIDE  FOR  THE  DEFENSE 
OF  THE  STATE. 

Be  it  Ordained  by  the  People  of  the  State  of  Mis- 
souri, by  their  Delegates  in  Convention  assem- 
bled, as  follows  : 

That  in  order  to  facilitate  the  prompt  and 
regular  acknowledgment  of  such  indebtedness 
as  may  accrue  under  the  provisions  of  the  or- 
dinance "  to  provide  for  the  organization  and 
government  of  the  Missouri  State  Militia,"  in 
cases  where  no  money  may  be  at  the  time  avail- 
able for  the  payment  thereof,  the  Auditor  of 
Public  Accounts  shall  cause  to  be  prepared 
warrants  in  the  form  hereafter  prescribed,  with 
such  devices  as  he  may  think  proper — such 
warrants  to  be  of  the  denominations  of  five, 
•ten,  twenty,  fifty,  one  hundred,  and  one  thou- 
sand dollars,  making  the  amount  in  dollars  of 
each  denomination  equal,  and  the  whole  amount 
not  to  exceed  one  million  of  dollars  —  which 
warrants  shall  be  signed  by  the  Auditor,  and 
countersigned  by  the  Secretary  of  State,  and 
shall  be  registered  in  the  offices  of  the  Au- 
ditor and  Secretary  of  State.  The  following 
shall  be  the  form  of  said  warrants  before  being 
filled  up: 

THE  STATE  OP  MISSOURI  promises  to  pay  to ,  or 

to  his  assignee, dollars,  and  this  Warrant  shall  be 

receivable  in  taxes  due  the  State,  and  the  Bank  Stock 
owned  by  the  State  is  pledged  for  its  redemption  if  it  shall 
not  be  paid  in  for  taxes  before  the  thirty-first  day  of  De- 
cember, eighteen  hundred  and  sixty-two. 

(COUNTERSIGNED,)  ,  Auditor. 

,  Secretary  of  State. 

The  warrants  shall  be  delivered  to  such  per- 
sons as  the  State  may  be  indebted,  whether 
for  services,  subsistence,  forage,  clothing, 
transportation,  or  other  necessaries  furnished 
according  to  law  to  the  troops  in  the  service  of 
the  State ;  and  in  order  that  such  acknowledg- 
ments may  be  made,  the  Auditor  shall  issue  to 
any  disbursing  officer  of  the  State  Militia,  upon 
the  order  of  the  Governor,  such  amounts  as 
may  be  required  for  the  public  service  —  the 
warrants  so  issued  having  the  blank  for  the 
name  of  the  payee  unfilled,  and  to  be  filled  by 
the  disbursing  officer  with  the  name  of  the  per- 
son to  whom  the  State  is  indebted,  and  to  whom 
the  warrant  shall  be  issued.  The  officer  receiv- 
ing such  warrants  from  the  Auditor  shall  give 
his  duplicate  receipts  therefor,  one  of  which 
shall  be  filed  in  the  office  of  the  Auditor,  and  the 
other  in  the  office  of  the  Secretary  of  State ;  and 


each  disbursing  officer  shall  be  charged  by  the 
Auditor  with  the  amount  of  warrants  so  issued 
to  him,  and  shall  settle  with  the  Auditor  there- 
for by  producing  legal  and  valid  vouchers  for 
the  amount  paid  out  by  him,  and  return  the 
residue  to  the  Auditor — such  settlement  to  be 
made  at  the  end  of  each  quarter  of  a  year  from 
the  first  day  of  January,  in  the  year  eighteen 
hundred  and  sixty-two.  The  disbursing  offi- 
cer paying  out  a  warrant  to  a  creditor  of  the 
State,  shall  indorse  on  such  warrant  so  paid 
the  statement  that  he  issued  it,  and  sign  his 
name  with  his  style  of  office,  as  thus — "  This 

warrant  issued  by  me, ,  Quartermaster 

General" — and  shall  be  taken  up  or  redeemed 
by  said  Quartermaster  with  money,  whenever 
he  may  be  furnished  with  it  for  that  purpose. 

The  Treasurer  shall  receive  from  each  Col- 
lector of  taxes,  upon  settlement,  such  warrants 
as  may  have  been  paid  in  to  him  for  taxes,  and 
shall  give  him  credit  therefor  as  cash ;  and  any 
Sheriff  or  other  Collector  of  taxes  who  shall, 
directly  or  indirectly,  be  concerned  in  the  pur- 
chase of  such  warrants  at  a  discount  upon  their 
nominal  amount  shall  be  guilty  of  a  misde- 
meanor, and  upon  conviction  thereof  shall  be 
fined  double  the  amount  of  the  warrant  so  pur- 
chased. 

At  the  end  of  each  fiscal  year,  the  Secretary 
of  State,  Auditor  and  Treasurer  shall  together 
compare  the  warrants  that  may  have  been  paid 
into  the  treasury  for  taxes  with  the  register 
in  the  offices  of  the  Secretary  and  Auditor,  and 
if  it  be  found  that  such  warrants  are  genuine 
and  correspond  with  the  register,  and  that 
there  is  no  reason  to  believe  that  fraud  has 
been  practiced  upon  the  State  in  relation  to 
such  warrants,  they  shall  destroy  those  thus 
redeemed ;  but  if  they  find  that  any  fraud  has 
been  practiced,  they  shall  preserve  the  war- 
rants which  may  have  been  fraudulently  is- 
sued, altered,  counterfeited,  or  used,  to  be  evi- 
dence in  any  judicial  proceeding. 

Mr.  HALL  of  Buchanan  said  it  was  important 
that  this  should  be  carefully  considered. 

Mr.  BRECKINRIDGE  here  stated  that  he  was 
informed  by  the  authorities  that  this  Hall  would 
be  required  for  another  purpose  this  evening, 
and  that  the  Convention  would  be  compelled  to 
vacate  it  at  an  early  hour. 

Mr.  GANTT  thought  they  hud  better  continue 
in  session  till  three  o'clock. 

Mr.  BROADHEAD  said  there  was  an  import 
ant  objection  to  this  whole  proposition  [mean- 
ing the  amendment  of  Mr.  BirchJ.  If  he  un- 


101 


derstood  the  reading  of  the  form  of  the  certifi 
cates,  they  would  be  nothing  more  nor  less 
than  bills  of  credit,  and  they  would  override 
the  Constitution  of  the  United  States,  and 
would  result  similarly  to  the  old  "  loan  office  ' 
system,  which  the  gentleman  would  probably 
renu'mber. 

Mr.  BIRCH  said  it  was  in  no  sense  a  bill  of 
credit — but  a  mere  acknowledgment  of  indebt- 
edness on  the  part  of  the  State.  He  wished  to 
remark  tlat  this  was  about  the  best  thing  the 
Committee  of  Ways  and  Means  could  do. 
They  had  had  several  long  sessions,  and  this 
amendment  had  been  reported  by  the  unani- 
mous concurrence  of  the  committee,  with  the 
exception  of  the  gentleman  from  Cooper,  (Mr. 
Douglass,)  who  had  some  constitutional  objec- 
tions to  it. 

Mr.  HENDERSON  arose  for  the  purpose  of 
requesting  the  gentleman  to  withdraw  his 
amendment.  At  present,  the  subject  requiring 
the  attention  of  this  body  was  the  passage  of 
the  Military  Bill,  and,  at  the  same  time,  pro- 
vide some  means  for  subsisting  and  equipping 
an  army,  which  this  bill*proposed  to  raise.  He 
believed  it  was  evident  from  the  remarks  made 
by  the  gentleman  from  St.  Louis,  (Mr.  Broad- 
head,)  that  if  the  proposition  of  the  gentleman 
from  Clinton  was  adopted  it  would  avail  noth- 
ing. He  thought,  at  any  rate,  it  ought  to  be 
withdrawn  for  the  present,  as  it  was  out  of 
order.  The  gentleman  could  not,  as  the  repre- 
sentative of  a  committee,  offer  an  amendment. 
The  PRESIDENT  decided  the  amendment  out 
of  order. 

Mr.  FOSTER  offered  an  amendment  to  section 
nine,  that  a  battalion  shall  consist  of  not  less 
than  two  nor  more  than  five  companies,  and 
shall  be  entitled  to  one  Major;  and  a  regiment 
shall  consist  of  not  less  than  eight  companies. 
Rejected. 

Mr.  HALL  of  Randolph  said  he  wished  to  of- 
fer an  amendment  as  an  additional  section.  He 
offered  it  for  the  reason  that  he  apprehended 
the  Convention  could  not  retain  a  quorum  long 
enough  to  give  due  consideration  to  the  amend- 
ment which  Mr.  Birch  would  undoubtedly  in- 
troduce in  the  shape  of  an  ordinance.  In  the 
event  that  they  found  it  impossible  to  act  upon 
the  subject,  he  proposed  to  offer  an  amendment 
which  would  leave  the  bill  in  a  shape  in  which 
it  could  be  used.  The  amendment  would  au- 
thorize the  Governor  to  issue  certificates  to 
those  to  whom  the  State  may  become  indebted, 
and  for  the  redemption  of  which  certificates  the 
faith  and  credit  of  the  State  should  be  pledged, 


and  each  certificate  may  be'Ysde'enved  oiii'of 
any  funds  the  Governor  in  ay  reooiv£>  /or  such 
purpose,  and  the  ton-il  bViit'of  such  :'cni,: 
shall  not  exceed  $1,000,000. 

Mr.  GANTT  thought  it  was  not  wise  for  them 
to  encumber  the  bill  with  any  amendments  of 
this  sort.  He  believed  it  should  be  brought 
up  in  a  separate  form. 

The  PRESIDENT  decided  the  amendment  out 
of  order. 

Mr.  HOWELL  said  he  should  vote  against  the 
bill,  because  he  thought  it  was  a  species  of 
legislation  into  which  it  was  not  proper  for 
them  to  enter. 

Mr.  ORR  said  he  should  vote  against  it  be- 
cause he  did  not  know  anything  about  the  ar- 
ticles of  war. 

Mr.  SOL.  SMITH  said  he  should  ask  to  be  ex- 
cused from  voting  for  the  same  reason.  He 
remembered  that  the  articles  of  war  attached 
to  Tom  Harris'  bill  met  with  general  condem- 
nation, and  he  would  not  take  the  responsibility 
of  voting  for  them  until  he  had  read  them.  At 
the  same  time  he  did  not  wish  to  raise  any 
captious  objection  to  the  measure. 

Mr.  STEWART  said  he  should  vote  for  the 
bill  because  he  did  know  what  the  articles  of 


war  were. 


The  bill  was  then  passed— ayes  43,  noes  8 — 
Messrs.  Howell,  Orr,  Sayre,  Hudgens,  Wool- 
folk,  Smith  of  Linn,  Pipkin,  and  Welch,  voting 
in  the  negative. 

Mr.  How,  from  the  Committee  on  Ways  and 
Means,  presented  a  report  to  the  effect  that  the 
committee  had  been  unable  to  agree  upon  any 
measure  for  postponing  the  collection  of  debts 
and  taxes  through  the  State;  and  asked  to  be 
discharged.  They  also  asked  to  be  discharged 
from  the  consideration  of  the  resolution  con- 
cerning the  confiscation  of  property,  believing 
that  the  act  of  Congress  went  far  enough  on 
that  subject.  They  also  asked  to  be  discharged 
Tom  the  consideration  of  the  petition  from  the 
'arious  Railroad  Companies,  as  they  deemed 
t  inexpedient  to  enter  further  into  general 
egislation. 

Mr.  SOL.  SMITH  desired  to  offer  an  ordi- 
nance to  prevent  the  sacrifice  of  real  estate, 
jut  was  decided  out  of  order. 

Mr.  HOWELL  moved  that  the  report  be  re. 
committed  with  instructions  to  report  an  ordi- 
nance to  postpone  the  collection  of  the  State 
taxes  for  the  present  year. 

Mr.  GANTT  moved  to  lay  the  motion  on  the 
table.  Agreed  to — ayes  33,  noes  19. 


102 


The  report  of  the  Committee  on  Ways  and 
Me  an  3  Wi*?  then  agreed  to., 

Mi .  LhViCii.tl'c.n.  introduced  his  amendment, 
previously  offered  to  the  Military  Bill,  in  the 
shape  of  a  separate  ordinance. 

Mr.  PHILLIPS  moved  to  lay  it  on  the  table, 
and  have  100  copies  printed. 

Mr.  GANTT.  And  made  the  order  of  the 
day  when  ? 

Mr.  PHILLIPS.     To-morrow  at  10  o'clock. 

Mr.  BIRCH.  I  think  we  ought  to  get  through 
to-night. 

Mr.  GANTT.     I  hope  so,  by  all  means. 

Mr.  STEWART.  I  want  to  know,  inasmuch 
as  we  are  all  military  men,  and  can't  have  this 
house,  if  we  can't  camp  out  for  a  time  ? 

Mr.  PHILLIPS'  motion  was  then  sustained — 
ayes  20,  noes  19. 

Mr.  HENDERSON  then  reported  the  follow- 
ing bill : 

AN  ORDINANCE  TO  PROCURE  MONEY  FOR  THE 
PURPOSE  OF  REPELLING  INVASION  AND  SUP- 
PRESSING REBELLION  IN  THIS  STATE. 

Be  it  ordained  by  the  People  of  the  State  of  Mis- 
souri, by  their  Delegates  in  Convention  assembled, 
as  follows  : 

1.  For  the  purpose  of  arming  and  supporting 
the  militia  of  the  State,  and  Avith  a  view  to 
protect  the  lives  and  property  of  its  citizens, 
the  Governor  of  the  State  is  hereby  authorized 
and  empowered  to  issue  bonds  of  the  State  to 
the  amount  of  one  million  of  dollars,  which 
said  bonds  shall  be  dated  on  the  day  of  their 
issue,  and  made  payable  ten  years  after  the 
date  thereof,   bearing  interest  at   the  rate  of 
seven  per  cent,  per  annum,  and  with  interest 
coupons  attached ;  the  interest  to  be  paid  semi- 
annually,   at  the  Bank  of  Commerce,  in  the 
city  of  New  York,  or  at  such  other  point  as 
the  Governor  may  deem  expedient. 

2.  Said  bonds  shall  be  issued  under  the  seal 
of  the  State,  in  sums  of  not  less  than  two  hun- 
dred nor  more  than  five  thousand  dollars,  shall 
be  signed  by  the  Governor,  and  countersigned 
by  the  Secretary  of  State.     The  interest  cou- 
pons shall  be  signed  by  the  Governor,  and  at- 
tested by  the  Auditor  of  Public  Accounts,  and 
shall  be  made  payable  on  the  first  day  of  Jan- 
uary and  the  first  day  of  July  of  each  year. 
The  bonds  aforesaid  shall  be  made  payable  to 
the  Auditor  of  Public  Accounts,  and  by  him 
numbered  and  registered  in  his  office. 

3.  The  Auditor  shall  indorse  said  bonds,  and 
deliver  the  same  to  the  Governor,  who  is  here- 
by authorized  and  empowered  to  negotiate  the 


same,  upon  such  terms  as  he  may  deem  best 
for  the  interests  of  the  people  of  the  State. 
He  may  hypothecate  them,  or  any  amount  of 
them,  to  individuals,  or  to  the  Government  of 
the  United  States,  for  moneys  advanced,  and 
if  the  same  can  not  be  sold,  nor  hypothecated 
upon  terms  satisfactory  to  the  Governor,  he 
shall  solicit  the  indorsement  of  said  bonds  by 
the  proper  authorities  of  the  Federal  Govern- 
ment previous  to  their  negotiation. 

4.  All  bonds  issued  under  the  provisions  of 
this  ordinance  shall  be  denominated  "  UNION 
DEFENSE  BONDS  OF  MISSOURI;"  the  faith  and 
credit  of  the  State  are  hereby  pledged  to  the 
payment  of  the  principal  and  interest  thereof, 
and  for  the  purpose  of  securing  the  prompt 
payment  of  the  interest  thereon,  it  is  hereby 
ordained  that  the  Treasurer  of  the  State  shall 
annually  set  aside  the  sum  of  seventy  thousand 
dollars,   out  of  any  money  coming  into   the 
treasury,   on  account  of  the  revenues  of  the 
State. 

5.  In  order  to  secure  the  ultimate  redemp- 
tion of  the  aforesaid  bonds,  it  is  hereby  ordain- 
ed and  declared  that  the  clerks  of  the  County 
Courts  of  the  several  counties  of  the  State,  or 
the  clerks  of  the  tribunals  then  entrusted  with 
similar  duties  under  the  laws  of  the  State  at 
the  time,  when  they  prepare  a  copy  of  the  tax- 
books  for  the  years  1870  and  1871,  for  the  use 
of  the  collectors  of  their  respective  counties, 
levy,  in  addition  to  the  tax  which  shall  or  may 
then  be  levied  by  the  laws  of  the  State,  fif- 
teen cents  on  the  hundred  dollars  of  taxable 
property  for  each  of  the  years  aforesaid,  in 
their  respective  counties,  which  said  tax  shall 
be  kept  separate  by  the  Collectors  and  the  Au- 
ditor and  Treasurer  of  the    State,  under  the 
title  or  head  of  "  Union  Defense  Fund."    During 
the  years  1870-71  there  shall   be  levied  and 
collected  upon  all  licenses  granted,  a  tax  of 
twenty-five  per  cent,  in  addition  to  the  amounts 
prescribed  to  be  collected  thereon,  by  the  Legis- 
lation of  the  State  at  that  time,   which  said 
license  tax  shall  in  like  manner  be  paid  into 
the  treasury,  to  the  credit  of  Sixid  fund.     And 
upon  the  maturity  of  the  bonds,  hereinbefore 
provided  for,  the  Governor  and  Treasurer  of 
the  State  shall  cause  the  same  to  be  redeemed 
out  of  the  fund  herein  created. 

6.  The   said  tax  shall  be  collected  in  the 
same  manner  as  may  at  the  time  be  provided 
for  the  collection  of  the  revenue  of  the  State  : 
And  the  several  officers  charged  with  duties  in 
respect  to  the  collection  of  the  general  reve- 
nue, shall  have  the   same  powers   and  privi- 


103 


leges  in  respect  to  said  special  tax,  and  liable 
to  the  same  penalties  and  forfeitures  for  failure 
to  perform  their  respective  duties. 

7.  The  Governor  of  the  State  is  hereby  au- 
thorized to  borrow,  in  addition  to  the  amount 
named  in  the  first  section  of  this  ordinance, 
and  for  the  purposes  aforesaid,  the  further  sum 
of  one  million  dollars,  and  to  issue  bonds  to 
that  amount  in  sums  of  not  less  than  ten  nor 
more  than  five  hundred  dollars,  the  same  to  be 
signed  and  attested  as  hereinbefore  mentioned, 
and  made  payable  to  the  State  Auditor,  and  by 
him  registered  and  indorsed. 

8.  Said  bonds  shall  be  issued  without  inter- 
est coupons,   and  shall  be  divided   into  four 
equal  divisions  of  two  hundred  and  fifty  thous- 
and dollars  each  :   The  first  division  to  become 
due  and  payable   at  the   office   of  the   State 
Treasurer  in  Jefferson  City,  on  the  first  day  of 
February,   1863,  and  to  bear  interest  at   the 
rate  of  five  per  cent,  per  annum  from  the  date 
thereof;  the  second   division  to  become  due 
and  payable  on  the  first  day  of  February,  1864, 
at  the  office  of  the  Treasurer  as  aforesaid,  and 
to  bear  interest  at  the  rate  of  six  per  cent,  per 
annum  from  date  till  paid ;  the  third  division 
shall  become  due  and  payable  as  aforesaid  on 
the  first  day  of  February,  1865,  and  shall  bear 
interest  at  seven  per  cent,  per  annum  from  date 
till  paid;  ihe   fourth  division  of  said   bonds 
shall  be  made  payable  as  aforesaid  on  the  first 
day  of  February,  1866,  and  shall  bear  interest 
at  eight  per  cent,  per  annum.     The  first  divi- 
sion of  said  bonds,  with  the  interest  thereon, 
shall  be  receivable  for  taxes  and  other  demands 
due  to  the  State,  for  the  year  1862,  or  any  sub- 
sequent year ;  the  second  division  shall  be  re- 
ceivable in  like  manner  for  the  year  1863,  and 
thereafter;  the  third  division  for  the  year  1864, 
and  thereafter ;  and  the  fourth  division  for  the 
year  1865,  and  thereafter. 

9.  The  several  Collectors  of  the  State  rev- 
enue   shall  receive   the  bonds    so  issued,  to- 
gether with  the   interest  due  thereon  at  the 
time  of  receiving  the  same,  for  all  taxes  and 
revenue  due  to  the  State,  in  the  order  named 
in  the  preceding  section.     The  Collectors  shall 
take  receipts  on  the  back  of  each  bond,  signed 
by  the  party  presenting    the   same,   for  the 
amount  of  the  bond  and  interest  due   thereon, 
up  to  the  date  of  payment;  and  any  Collector 
who   shall  be  guilty  of  fraud  in   stating  the 
amount  due  as  aforesaid  on  any  bond  or  the 
date  of  receipt  thereof,  shall  be  deemed  guilty 
of  a  misdemeanor,  and  shall  be  punished  by  a 
fine  of  not  less  than  one  hundred  dollars,  nor 


more  than  one  thousand  dollars,  or  by  impris- 
onment in  the  county  jail  not  less  than  three 
months,  or  by  both  such  fine  and  imprison- 
ment. 

10.  The  Treasurer  of  the  State  shall»receive 
from  the  several  Collectors  of  the  State  reve- 
nue, for  the  several  years  herein  specified,  all 
bonds  so  paid  by  them,  and  shall  credit  them 
with  the  amount  as  shown  by  their  receipts. 
The  Treasurer  shall  keep  a  separate  account 
of  all  such  bonds  so  received  into  the  Treasury, 
and  shall  report  the  same  to  each  regular  ses- 
sion of  the  General  Assembly. 

11.  For  the  purpose  of  securing  the  ultimate 
redemption  of  the  bonds  provided  to  be  issued 
by  the  7th  section  of  this  ordinance,  it  is  or- 
dained that  the  stock  owned  by  the  State  in 
the  Bank  of  the  State  of  Missouri,  is  hereby 
pledged. 

The  bill  was  laid  on  the  table,  ordered  to  be 
printed,  and  made  the  special  order  for  to-mor- 
row at  ten  o'clock  A.  M. 

Mr.  WELCH  offered  a  resolution,  that  the 
ordinances  changing  the  time  of  holding  the 
election  and  abolishing  certain  offices,  be  pub- 
lished in  the  newspapers  throughout  the  State, 
under  the  same  rule  providing  for  the  publica- 
tion of  the  laws  passed  at  Jefferson  City  in 
July  last. 

Mr.  BRECKINRIDGE  moved  to  include  all 
the  ordinances  passed  by  this  Convention. 

Mr.  HOWELL  moved  to  lay  the  motion  on  the 
table.  Adopted. 

Mr.  WELCH'S  resolution  was  then  agreed  to. 

Mr.  MCFERRAN,  on  leave,  changed  the  title 
of  the  bill  abolishing  certain  offices,  so  as  to 
make  it  apparent  from  the  title  that  it  offered 
an  amnesty  to  all  those  who  chose  to  return  to 
allegiance  to  the  United  States. 

Mr.  MCFERRAN,  from  the  Committee  on 
Civil  Offices,  reported  a  bill  repealing  the  bill 
establishing  the  St.  Louis  County  Legal  Record  and 
Advertiser. 

Mr.  HALL  of  Buchanan  moved  to  lay  the 
bill  on  the  table. 

Mr.  FOSTER  asked  for  information,  if  this 
was  the  Niedner  arrangement. 

The  PRESIDENT  replied  in  the  affirmative. 

The  vote  was  then  taken. 

Mr.  PHILLIPS  said,  as  one  of  the  committee1 
reporting  this  bill,  he  wished  to  say  it  did  not 
meet  with  his  concurrence.  However  much 
he  might  be  opposed  to  the  means  by  which 
this  paper  was  brought  into  existence,  however 
much  he  might  condemn  the  practice  of  the 
Legislature  in  prostituting  the  machinery  of 


104 


* 


legislation  to  the  low  purpose  of  propagating 
treason;  he  did  not  think  it  came  within  the 
legitimate  object  of  this  Convention  to  enter 
into  any  such  special  legislation.  It  would 
involve'us  in  interminable  difficulties. 

Mr.  STEWART  was  opposed  to  any  special 
egislation.  He  thought  the  object  of  this  Con- 
vention was  to  settle  great  fundamental  princi- 
ples. 

The  motion  to  lay  the  bill  on  the  table  was 
then  lost  by  the  following  vote  : 

AYES — Messrs.  Douglass,  Gravelly,  Hall  of 
Buchanan,  Henderson,  Hendricks,  Howell, 
Jamison,  Johnson,  Noell,  Pipkin,  Pomeroy, 
Rowland,  Sawyer,  Shackeiford  of  St.  Louis, 
Stewart,  Tindall,  Welch,  Woolfolk,  Wright, 
Vanbuskirk,  and  Mr.  President — 22. 

NOES — Messrs.  Allen,  Birch,  Bogy,  Breck- 
inridge,  Broadhead,  Bridge,  Bush,  Eitzen,  Fos- 
ter, Gantt,  Hitchcock,  Holmes,  How,  Irwin, 
Isbell,  Jackson,  Leeper,  Linton,  Long,  Mar- 
vin, Maupin,  McCormack,  McDowell,  Mc- 
Ferran,  Meyer,  Orr,  Smith  of  St.  L.,  Turner, 
and  Zimmerman — 29. 

EXCUSED — Mr.  Smith  of  Linn. 

Mr.  GANTT  then  offered  an  amendment  to 
the  bill,  striking  out  the  second  section,  which, 
he  remarked,  contained  the  virus  of  the  law. 
If  the  second  section  were  stricken  out,  it 
would  leave  parties  at  liberty  to  advertise  in 
any  paper  they  chose,  and  thus  destroy  the 
monopoly. 

Mr.  STEWART  moved  to  adjourn.    Lost. 

Mr.  McFERRAN  was  advised  the  amend- 
ment was  proper,  and  he  therefore  accepted  it. 

Mr.  BIRCH  said  striking  out  the  second  sec- 
tion would  abrogate  the  contract  which  the 
State  had  entered  into  as  much  as  the  repeal 
of  the  whole  bill. 

Mr.  GANTT  did  not  think  so.  There  is  an 
agreement  in  which  he  proposes  to  print  all 
sales.  Suppose  he  does ;  suppose  he  says,  "I 
will  print  whatever  anybody  else  does."  But 
suppose  the  State  declines  to  give  him  a  mo- 
nopoly, and  leaves  him  standing  exactly  upon 
the  same  obligation  which  he  does  now  ? 

Mr.  WRIGHT  said  he  did  not  think  this  a 
subject  worthy  the  consideration  of  the  Con- 
vention. He  would  suggest  this  difficultj^ :  the 
bill  abrogates  a  contract  which  Avas  entered  in- 
to by  the  Legislature  for  ten  years  with  Nied- 
ner,  who  proposed  to  do  a  certain  amount  of 
business  for  a  certain  time.  If  the  Legislature 
had  power  to  make  such  a  contract  you  cannot 
get  rid  of  it — the  hand  of  Omnipotence  cannot 


get  rid  of  it.  This  body  has  no  power  to  dis- 
solve a  contract  which  you  and  I  have  made, 
and  it  seems  to  me  when  you  attempt  to  strike 
out  the  virus  of  the  second  section,  as  the  gen- 
tleman from  St.  Louis  termed  it,  you  are  aim- 
ing at  an  effort  to  break  down  a  contract  which 
the  Legislature  had  power  to  make. 

Mr.  BRECKINRIDGE.  I  voted  against  the 
proposition  to  lay  the  bill  on  the  table  for  two 
reasons.  It  occurred  to  me  that  if  the  ordi- 
nance were  adopted,  it  needed  amendment  to 
give  it  efficiency;  and  my  rule  in  such  matters 
as  that  is,  unless  I  think  an  ordinance  is  utterly 
unworthy  a  moment's  consideration,  to  give 
the  friends  of  it,  as  far  as  I  can,  an  opportunity 
to  perfect  it,  and  then  fairly  consider  it.  I  can 
not,  however,  vote  for  this  ordinance.  I  think 
this  bill,  which  has  been  made  the  subject  of 
great  discussion  in  the  papers  here  and  through- 
out the  State,  and  which  was  passed  by  the 
last  Legislature,  altogether  indefensible.  I 
think  it  should  never  have  been  passed.  I 
think  it  should,  at  the  first  proper  moment,  be 
repealed.  But,  sir,  after  a  good  deal  of  careful 
thought,  it  seems  to  me  it  is  not  proper  for  this 
Convention  to  undertake  to  enter  the  field  of 
legislation  any  further  than  the  actual  condi- 
tion of  affairs,  in  reference  to  the  vital  objects 
for  which  it  was  called  into  being,  requires. 

One  word  as  to  the  report  of  the  committee. 
Notwithstanding  the  general  distress  in  the 
State  on  account  of  the  present  condition  of  af- 
fairs— notwithstanding  the  difficulty  of  paying 
taxes  and  debts — I  think  this  Convention 
ought  not  to  interfere ;  not  because  they  could 
not  do  good  by  interfering,  but  because  it  is 
not  within  the  province  of  this  Convention. 
Now,  if  we  were  to  undertake  to  repeal  one  law 
because  it  is  objectionable,  it  seems  to  me  I 
could  find  half  a  dozen  liable  to  the  same 
charge — not  so  odious,  perhaps,  but  very  un- 
just ;  and  I  could  make  appeals  to  the  Conven- 
tion, and  perhaps  convince  gentlemen  they 
should  be  repealed.  Let  it  be  understood,  how- 
ever, that  I  vote  against  this,  not  because  I 
think  the  Convention  has  no  power  to  pass 
upon  it,  for  I  do ;  not  because  I  do  not  con- 
sider this  bill  a  stain  upon  the  statute  book, 
for  I  do;  not  because  I  do  not  desire  to  see 
it  repealed,  for  I  do  —  but  because  I  think, 
if  we  adopt  this  ordinance,  we  change  the  rule 
adopted  by  this  Convention  not  to  enter  into 
special  legislation,  and  in  so  doing  we  should 
be  compelled  to  remain  here  a  long  time  in  le- 
gislating upon  matters  not  properly  within  our 
province. 


105 


Mr.  BROADUEAD.  I  consented  reluctantly  to 
the  report  of  this  proposition,  because  I  had  not 
had  an  opportunity  to  examine  it.  It  was  not 
submitted  to  the  committee  for  consideration; 
but  when  it  was  presented  to  me,  a  few  moments 
ago,  as  a  member  of  the  committee,  I  consented 
that  it  might  be  reported.  Having  been  brought 
up  so  suddenly  for  the  consideration  of  the 
Convention,  I  have  only  been  able  to  give  the 
law  a  very  hasty  examination,  and  from  that 
examination  I  doubt  whether  we  have  the  au- 
thority to  pass  the  ordinance,  and  I  can  not 
well  see  that  the  amendment  remedies  the  dif- 
ficulty. The  question  is  whether  the  act  pro- 
posed to  be  abrogated,  in  addition  to  being  a 
law,  is  not  also  a  contract  made  between  the 
State  of  Missouri  and  an  individual;  if  so,  we 
have  no  power  to  annul  that  contract.  I  know 
it  is  an  infamous  law,  and  if  we  are  to  go  into 
the  matter  of  revising  and  correcting  all  the  bad 
laws  passed  by  that  most  unscrupulous  and 
treasonable  Legislature,  I  should  like  to  see 
them  all  blotted  from  the  statute  book;  but  if 
such  action  would  contravene  the  provisions  of 
the  Constitution  of  the  United  States,  then  we 
have  no  power  to  repeal  it.  The  subject  re- 
quires a  more  careful  consideration  than  I  have 
been  able  to  give  it. 

Mr.  FOSTER.  In  casting  my  vote,  I  desire 
to  say  this  :  It  is  strikingly  strange  to  me  to 
have  gentlemen  get  up  on  this  floor,  with  whom 
I  have  been  voting  heretofore  to  abrogate  laws 
passed  for  the  express  purpose  of  taking  the 
State  out  of  the  Union,  passed  for  the  purpose 
of  promulgating  treason  through  this  land.  I 
say  it  is  strikingly  strange  to  me  to  hear  those 
same  gentlemen  object  to  the  repeal  of  the  law 
which  my  friend  has  truly  designated  as  a 
stain  upon  the  statute  book— a  law  that  was 
brought  into  existence  by  that  same  contempti- 
ble knownothing  Legislature  last  spring.  The 
Legislature  had  no  right  whatever  to  make  any 
obligation  to  support  a  man  whose  sole  object 
was  to  spit  out  his  poisonous  venom  and  trea- 
sonable language  broadcast  over  the  State. 
And  yet  men  declare  they  have  conscien- 
tious scruples  about  meddling  with  any  such 
detestable  imposition.  Now  when  they  attempt 
to  declare  that  the  Legislature  had  power  to 
pass  such  a  law  and  make  such  a  contract,  I 
claim  that  we  are  a  body  with  more  power, 
and  that  we  have  the  right  to  repeal  this  just 
as  much  as  we  had  a  right  to  repeal  other  laws. 
I  would  most  cheerfully,  and  with  as  clear  a 
conscience  as  any  man  coming  from  North  Mis- 
souri can  have,  wipe  out  all  those  outrageous 


measures  ;  and  I  think  St.  Louis  should  be  fa- 
vored in  this  respect.  When  a  man  publishes 
treason  in  the  county  of  St.  Louis,  and  sends 
it  broadcast  through  the  State,  I  desire  to  wipe 
him  out ;  and  I  want  to  meet  the  traitor,  indi- 
vidually or  collectively,  in  .St.  Louis  or  wher- 
ever he  may  be,  and  visit  upon  him  that  con- 
dign punishment  which  he  so  richly  deserves. 
I  have  no  hesitancy  in  voting  to  wipe  out  this 
paper  which  has  been  publishing  treason.  I 
desire  to  have  the  paper  extinguished,  and  not 
to  impose  upon  the  loyal  citizens  of  St.  Louis 
the  burden  of  a  measure  which  compels  them 
to  support  treason,  and  to  support  a  traitor  to 
his  country  and  to  his  God. 

Mr.  GANTT.  It  is  a  mistake  which  I  think 
is  excusable,  on  reading  the  preamble  called  the 
contract,  to  say  that  it  is  made  the  condition 
of  that  proposal  that  this  man  shall  have  the 
monopoly  of  the  legal  publications  of  this  coun- 
ty. I  would  like  any  one  who  assumes  this 
ground  to  take  this  preamble  and  see  what  ob- 
ligations it  imposes  on  the  State.  Whatever 
these  obligations  are,  we  leave  them  alone.  If 
such  obligations  are  imposed  on  the  State,  let 
Niedner  pursue  the  State  and  get  redress  ;  but 
when  he  imposes  on  third  persons  the  neces- 
sity of  giving  his  sheet  alone  all  these  publica- 
tions, I  hold  we  have  the  perfect  right  to  repeal 
such  a  provision.  Now  I  want  to  destroy  this 
monopoly  which  is  nowhere  hinted  at  in  the 
proposal ;  and  in  the  acceptance  of  the  propo- 
sal there  is  no  stipulation  that  he  shall  have  a 
monopoly.  I  do  not  intend  to  vote  in  this  Con- 
vention for  any  measure  which  will  impair  the 
obligation  of  a  contract,  if  I  know  it;  and  for 
that  reason  I  should  have  voted  against  the  or- 
dinance which  my  friend  from  St.  Louis  intro- 
duced respecting  deeds  of  trust.  We  have  no 
power  to  do  so.  The  United  States  Court  has 
decided  that  no  such  power  exists  on  the  part 
of  the  Legislature,  and  this  Convention  is  no 
more  competent  than  the  Legislature  to  contra- 
vene the  principles  of  the  Constitution  of  the 
United  States ;  and  nothing  of  the  kind  is  in- 
tended here.  The  proposal  which  Niedner 
makes  is  accepted  ;  but  when  it  conies  to  im- 
posing upon  the  citizens  of  St.  Louis,  by  com- 
pelling them  to  publish  sales  in  his  paper,  it  is 
no  part  of  the  contract  It  is  not  so  declared ; 
it  stands  as  an  independent  section ;  and  I  say 
repeal  it. 

Mr.  HENDERSON.  I  have  not  had  an  oppor- 
tunity of  examining  the  legal  questions  pre- 
sented by  the  two  gentlemen  who  have  prece- 
ded me,  and  therefore,  so  far  as  the  objection 


106 


to  this  proposition  is  concerned,  I  cannot  speak 
advisedly.  I  voted  to  lay  the  proposition  on 
the  table,  not  that  I  did  not  object  to  the  law — 
not  that  I  have  not  said  a  great  deal  against 
the  law — not  that  I  did  not  denounce  it  upon 
the  floor  of  this  Convention  as  an  iniquity  and 
an  outrage,  and  as  part  and  parcel  of  the  great 
scheme  adopted  by  the  Legislature  of  Missouri 
to  put  the  State  out  of  the  Union ;  I  have  not 
only  denounced  it  as  such,  but  shall  continue 
to  do  so.  But  if  we  adopt  this  measure,  it 
seems  to  me  we  ought  to  adopt  a  great  many 
others  of  a  local  character  which  I  could  name. 
It  is  unjust  and  aggressive  on  the  people  of 
this  county;  but,  so  far  as  the  object  of  the  Le- 
gislature was  concerned — that  is,  of  putting  the 
State  beyond  the  power  of  the  Federal  Govern- 
ment— that  has  been  fully  checkmated.  I  ap- 
prehend that  no  paper  can  be  published  here 
which  will  accomplish  the  view  contemplated 
by  the  Legislature.  If  such  a  thing  could  be 
done,  I  would  run  the  risk  of  constitutionality, 
and  vote  for  it. 

Mr.  MEYER.  The  people  of  St.  Louis  county 
demand  the  repeal  of  this  ordinance,  because 
it  puts  $25,000  or  $30,000  in  the  hands  of  this 
publisher,  and  we  are  forced  to  publish  our  no- 
tices in  other  papers  to  get  them  before  the 
public.  If  we  repeal  this  section,  it  would  en- 
ble  the  people  to  pay  this  money  into  the  treas- 
ury of  St.  Louis  county. 

Mr.  HENDERSON.  I  wish  to  ask  the  gentle- 
man if  the  fees  are  any  higher  in  this  man's 
paper  than  any  other. 

Mr.  GANTT.  No  ;  the  idea  is  that  this  pub- 
lication does  not  inform  the  public,  and  the 
people  are  subjected  to  the  extra  expense  of 
publishing  in  other  papers. 

Mr.  HENDERSON.  I  know  the  bill  is  an  out- 
rage upon  the  people  of  this  county  ;  but  if  we 
adopt  this  measure,  the  people  elsewhere  may 
call  for  the  repeal  of  acts  which  operate  unjust- 
ly upon  them ;  and  if  we  take  up  this  special 
legislation,  we  may  be  compelled  to  remain 
here,  as  a  legislative  body,  for  ninety  days,  to 
consider  acts  of  this  kind.  "With  this  view, 
opposed  as  I  am  to  the  law,  believing  it  to  be  an 
outrage,  yet  considering  that  the  point  made  by 
Mr.  Broadhead  is  a  good  one,  I  shall  vote  no. 

Mr.  HITCHCOCK.  I  find  myself  most  reluct- 
antly obliged,  contrary  to  the  impression  I  first 
had,  to  vote  against  this  proposition.  No  one 
is  more  strongly  impressed  than  I  with  the  de- 
merits of  the  law  granting  Mr.  Niedner  the  ex- 
clusive publishing  of  notices  of  sale  in  this 
county.  It  was  an  outrage,  and  I  have  always 


denounced  it  as  such.  It  created  a  monopoly  ; 
it  was  passed  for  treasonable  purposes,  and  it 
has  faithfully  served  those  purposes.  There  is 
nothing  whatever  to  be  said  in  defense  of  the 
act.  But  while  we  are  urged  to  repeal  this  sec- 
tion, in  the  interest  of  the  people  of  this  coun- 
ty, it  is  in  the  interest  of  that  people,  and  to 
avoid  :nflicting  on  them  a  greater  evil,  or  the 
risk  of  one,  that  I  am  deterred  from  that  vote. 
As  a  lawyer,  I  cannot  but  know  that  any  meas- 
ure which  unsettles  the  title  to  property,  causes 
a  large  amount  of  trouble  in  the  end.  I  know 
that  if  this  section  were  repealed,  those  who 
had  legal  advertising  to  do,  would  still,  as  now, 
be  composed  of  two  classes — the  cautious,  and 
the  confident.  The  former,  unwilling  to  risk 
the  possibility  of  a  mistake,  or  a  decision 
against  this  action,  would  continue  to  advertise 
in  this  paper— just  as  at  this  time,  in  conse- 
quence of  a  doubt  thrown  upon  the  character 
of  this  as  a  newspaper,  many  persons  advertise 
sales  under  deeds  of  trust  in  this  paper  because 
of  this  law,  and  also  in  one  of  the  daily  news- 
papers of  the  city  because  of  the  provisions 
usual  in  such  deeds  for  "advertisement  in  some 
ne*f?paper."  Such  persons  would  still  adver- 
tise in  this  paper,  and  our  action  as  to  them 
would  fail  of  its  purpose.  I  should  have  no 
such  doubt,  but  I  speak  of  probable  results. 
Others,  confident  that  the  repeal  was  complete 
and  effective,  would  not  publish  in  this  paper. 
Sales  would  be  made  on  that  theory,  and  the 
question  be  thus  opened  as  to  the  validity  of 
such  sales  and  the  title  which  passed  under 
them.  It  is  evident  that  an  amount  of  litiga- 
tion might  thus  be  caused — wholly  unjust,  and 
which,  as  I  think,  could  result  only  in  sustain- 
ing the  validity  of  such  sales,  but  which  would 
in  the  end  be  a  heavier  burden  upon  the  par- 
ties interested — a  very  much  heavier  burden 
than  is  caused  by  the  law  as  it  now  stands. 
For  this  reason,  much  as  I  regret  to  come  to 
such  a  conclusion,  I  do  not  think  it  wise  to 
take  this  action.  The  Legislature  may  here- 
after repeal  this  section,  without  encountering 
the  same  risks ;  and  it  is  better,  in  my  opinion, 
that  it  be  postponed,  in  the  interest  of  the  peo- 
ple themselves. 

There  are  other  considerations  which  have 
been  mentioned.  I  do  not  agree  that  this  sec- 
tion is  part  of  the  consideration  of  the  contract 
with  Neidner,  nor  that  to  repeal  it  is  to  violate 
the  contract.  The  power,  I  have  not  a  shadow 
of  doubt,  the  Convention  possesses  ;  but  I  think 
the  indirect  result  too  serious,  and  must  reluct- 
antly vote  "no." 


107 


Mr.  MEYER.  I  regard  this  bill  as  an  outrage 
upon  the  people  of  St.  Louis  county,  and  I  vote 
aye. 

Mr.  LONG.  As  several  constitutional  law- 
yers have  declared  this  law  to  be  an  outrage, 
I  shall  therefore  vote  aye. 

Mr.  MCCORMACK.  As  some  constitutional 
lawyers  have  declared  this  to  be  unconstitu- 
tional, I  vote  no. 

Mr.  ORR.  I  learned  a  good  idea  the  other 
day,  from  the  gentleman  from  St.  Louis 

Mr.  WRIGHT.    What  is  that? 

Mr.  ORR.  If  you  will  wait  long  ere  'h  you 
will  find  out — and  it  was  this:  A  coun  AV'udge 
once  went  to  Thomas  Jefferson  after  siS  j  in- 
formation, and  Jefferson  told  him  not l  °  read 
any  books  at  all.  He  said,  "  You  arj  a  man 
of  sense,  and  should  be  governed  byTOmmon 
sense."  Now  common  sen^e  dictates  *  hat  such 
a  law  as  this  ought  not  to  exist,  and  l  ?  gentle- 
men of  the  bar  —  distinguished  lawyers  and 
judges— all  differ,  I  am  still  left,  wh  -re  I  first 
was,  with  common  sense;  and,  guidtn'by  this, 
I  shall  vote  in  favor  of  the  repeal  of  4"ihis  bill. 
We  are  here  to  protect  the  institutions  of  the 
State,  and  one  of  those  institutions  is  called 
the  printing  press.  I  shall  vote  that  it  be  more 
liberally  patronised  than  by  giving  one  paper 
the  publication  of  all  these  sales. 

Mr.  TUI.NER.  Since  my  connection  with 
this  body  I  have  voted  to  repeal  every  one  of 
the  laws  passed  at  the  last  session  of  the  Le- 
gislature for  the  purpose  of  carrying  Missouri 
out  of  the  Union.  I  have  voted  to  depose 
the  Governor,  Lieutenant  Governor,  and  the 
Secretary  of  State,  and  I  did  so  because  I 
was  told  we  had  the  power  to  do  so;  and,  as 
a  matter  of  course,  we  could  repeal  every  law 
obnoxious  to  the  people.  I  regard  this  la\v  as 
one  of  a  series  passed  by  the  Legislature  for 
the  purpose  of  carrying  Missouri  out  of  the 
Union.  I  regard  it  as  infamous  outside  of 
that  attempt.  It  is  an  imposition  upon  the  peo- 
ple of  St.  Louis  which  the  Legislature  had  no 
right  to  make.  I  can  not  see  how,  if  we  had 
the  power  to  depose  a  Governor  and  repeal  ev- 
ery law  passed  for  a  special  purpose,  that  we 
have  no  such  power  to  repeal  this  law.  I 
think,  sir,  some  of  the  gentleman's  constituents 
will  not  appreciate  the  difference.  I  vote  aye. 

The  PRESIDENT.     I  feel  disposed  to  follow 


the  example  that  some  of  the  gentlemen  have 
set  me,  and  explain  my  vote.  This  bill  under 
consideration  is  an  old  acquaintance  of  mine, 
and  I  do  not  regard  it  as  a  contract  by  any 
means.  I  voted  against  the  passage  of  this  bill 
at  the  proper  place,  Jefferson  city.  It  is  a 
mistake  to  suppose  that  this  bill  was  offered 
for  the  first  time  at  the  last  session  of  the  Le- 
gislature. The  gentleman  offered  it  at  several 
previous  sessions.  I  regard  it  as  a  bill  highly 
improper.  I  will  not  use  the  language  I  em- 
ployed at  Jefferson  city  in  denouncing  it;  but 
it  is  sufficient  for  me  to  say  that  I  did  all  in 
my  power,  as  the  gentleman  who  is  present 
(Mr.  Niedner)  knows,  to  defeat  the  passage  of 
that  measure. 

A  VOICE.  He  was  present  at  that  time, 
wasn't  he? 

The  PRESIDENT.  Yes ;  and  it  was  passed. 
But  never,  during  my  connection  with  this 
Convention,  have  I  voted  for  the  abrogation  of 
any  law  except  such  as  affected  the  relation 
of  this  State  with  the  General  Government ; 
and  I  can  not,  at  this  late  day,  go  into  the  re- 
peal of  local  statutes,  because,  if  you  repeal 
this  hardship,  there  are  a  number  of  others, 
corporation  acts,  all  over  the  State,  that  ought 
to  be  abrogated.  If  we  give  our  attention  to 
this  description  of  legislation,  we  will  be  kept 
here  for  twelve  months.  People  in  all  parts 
of  the  State  have  been  imposed  upon  by  local 
legislation ;  and  if  we  undertake  to  repeal 
these  local  acts,  we  shall  have  a  very  consid- 
erable job  before  us.  Although  there  is  scarce- 
ly any  enactment  more  offensive  to  me  than 
this,  yet  I  am  constrained  to  vote  against  its 
repeal  for  the  reason  I  have  given. 

The  vote  was  as  follows  : 

AYES — Messrs.  Allen,  Eitzen,  Gantt,  Holmes, 
How,  Isbell,  Leeper,  Linton,  Long,  Maupin, 
Meyer,  Orr,  Smith  of  St.  Louis,  Turner. 

NOES — Messrs.  Birch,  Bogy,  Breckinridge, 
Broadhead,  Bridge,  Bush,  Gravelly,  Hall  of 
Buchanan,  Henderson,  Hendricks,  Hitchcock, 
Howell,  Jackson,  Johnson,  Marvin,  McCor- 
mack,  McDowell,  McFerran,  Noell,  Pipkin, 
Pomeroy,  Shackelford  of  St.  L.,  Smith  of  L., 
Tindall,  Wright,  Vanbuskirk,  Zimmermann, 
Mr.  President. 

The  Convention  then  adjourned,  for  want  of 
a  quorum,  to  10  o'clock  to-morrow  morning. 


108 


EIGHTH     DA.Y. 


Met  at  10  o'clock  A.  M. 

Prayer  by  Rev.  Mr.  McLAiN. 

Mr.  WELCH  offered  the  following  resolu- 
tions, which  were  adopted : 

Resolved,  That  the  President  appoint  a 
committee  of  three  to  contract  with  Messrs. 
George  Knapp  &  Co.  for  the  printing  of  five 
thousand  copies  of  the  debates  and  proceed- 
ings of  the  present  called  session  of  the  State 
Convention,  at  rates  not  exceeding  those  here- 
tofore agreed  upon  between  the  Convention 
and  said  George  Knapp  &  Co.  at  its  regular 
session  in  March  last. 

Resolved,  That  the  account  of  George  Knapp 
&  Co.  for  printing  five  thousand  copies  of  the 
proceedings  and  debates  of  the  Convention  be 
audited  -by  said  committee  ;  and  that  the  same 
be  considered  as  printing  for  the  Convention, 
and  be  paid  for  as  other  allowances  of  the 
Convention. 

Resolved,  That  the  said  proceedings  be  dis- 
tributed equally  among  the  members  of  the 
Convention. 

The  President  appointed  Mr.  Welch,  of  John- 
son, and  Messrs.  Smith  and  Long,  of  St.  Lou's. 

Mr.  WELCH  also  offered  the  following, 
which  was  agreed  to  : 

Resolved,  That  the  Committee  on  Accounts 
be  directed  to  audit  and  allow  the  accounts  for 
stationery  purchased  for  the  use  of  the  Con- 
vention, and  also  the  claim  for  the  rent  of  the 
hall  occupied  by  the  Convention,  and  that  said 
claims  for  rent  and  stationery  be  paid  as  other 
claims  and  accounts  of  the  Convention. 

Mr.  PIPKIN  desired  to  be  instiucted  in  ref- 
erence to  auditing  the  accounts  of  members. 
He  had  audited  them  at  five  dollars  per  day  and 
twelve  cents  per  mile.  There  seemed  to  be 
an  impression  on  the  part  of  many  that  the  re- 
cent bill  passed  by  the  Convention  reducing 
salaries,  applied  to  the  members  of  the  Con- 
vention, and  that  the  mileage  was  more  than 
twelve  cents  per  mile.  If  there  was  to  be  any 
change,  he  wished  to  know  it. 

After  a  brief  discussion  on  the  law  relating 
to  the  amount  of  mileage  to  which  they  were 
entitled,  the  Convention  instructed  the  commit- 


FRIDAY,  October  18,  1861. 

tee  to  audit  all  accounts  at  five  dollars  per  day 
and  twelve  cents  per  mile. 

Mr.  BIRCH  called  up  the  bill  offered  by  him 
yesterday,  as  chairman  of  the  Committee  on 
Ways  and  Means,  stating  that  he  had  changed 
it  in  one  or  two  particulars,  so  as  to  obviate  the 
obje'  ^ns  which  gentlemen  entertained  as  to 
its  pin  ious  so-called  unconstitutionality. 

Mr?S£/ENDERsoN  desired  to  have  his  bill 
read.  | 

Mr.  i1  \NTT  inquired  whether  the  gentleman 
from  P?  e  intended  to  substitute  it  for  Mr. 
Birch's,  bill. 

Mr.  '  -iNDERSON  said  he  did  not ;  he  merely 
wished  1Ao  have  it  taken  up. 

The  Resident  stated  that  Mr.  Birch's  bill 
was  before  the  Convention. 

Mr.  HENDERSON.  I  am  aware  of  that,  and  I 
desire  it  to  have  precedence  because  it  is  re- 
ported by  a  committee.  What  I  deeire  is  to 
add  the  first  six  sections  of  the  bill  1  introdu- 
ced to  the  bill  offered  by  Mr.  Birch,  leaving, 
of  course,  that  portion  of  the  ordinance  1  in- 
troduced, from  the  seventh  to  the  eleventh  sec- 
tion, out  entirely.  The  design  I  had  .in  view 
in  authorizing  the  Governor  to  issue  a  million 
of  bonds  in  small  amounts  has,  I  think,  been 
embraced  in  the  ordinance  introduced  by  the 
chairman  of  the  Committee  of  Ways  and  Means 
(Mr.  Birch).  Hence,  it  will  be  entirely  un- 
necessary to  provide  for  the  issue  of  a  million 
of  bonds  as  I  provide,  provided  the  ordinance 
introduced  by  the  gentleman  from  Clinton,  as 
chairman  of  the  committee,  shall  receive  the 
concurrence  of  the  Convention.  My  idea — 
and  it  seems  to  be  the  same  that  operated  on 
the  minds  of  the  committee — was  to  have  some- 
thing in  the  shape  of  an  evidence  of  indebted- 
ness to  be  issued  to  the  disbursing  officers  un- 
der the  military  bill,  and  that  could  be  used  in 
payment  of  the  debts  due  to  the  soldiers  under 
that  bill.  That  view  was  entertained  by  the 
committee.  I  must  confess  a  difficulty  pre- 
sented itself  to  my  mind  in  drafting  any  ordi- 
nance on  this  subject.  That  difficulty  is  this  : 
There  is  a  prohibition  in  the  Constitution  of  the 
United  States  preventing  any  State  from  issuing 
bills  of  credit.  Upon  the  first  presentation  of 


109 


the  ordinance  by  the  gentleman  from  Clinton, 
it  struck  me  that  that  ordinance  was  within 
the  constitutional  prohibition.  I  have  exam- 
ined, however,  the  case  which  went  up  from 
Chariton  county  in  this  State,  in  1830,  and  also 
a  case  in  Kentucky,  in  1837,  and  am  inclined 
to  think,  after  the  examination  of  these  cases, 
that  the  changes  made  by  the  gentleman  from 
Clinton  in  this  ordinance,  this  morning,  mak- 
ing them  transferable  only  by  special  assign- 
ment, when  issuing  them  in  payment  of  indebt- 
edness, will  remove  any  defects  which  I  may 
have  imagined  existed  in  the  original  bill.  I 
do  not  think  evidence  of  indebtedness  would 
be  any  constitutional  prohibition  unless  it  be 
clearly  designed  to  serve  as  a  medium  of  ex- 
change. There  are  some  objections  to  the 
ordinance  as  it  now  stands.  I  object  to  that 
portion  of  it  which  provides  that  these  certifi- 
cates shall  be  receivable  by  officers  in  payment 
of  taxes  the  present  year,  or  any  given  year. 
It  may  be  that  $1,000,000  will  absorb  the  taxes 
of  Missouri  for  the  next  two  years,  and  it  may 
be  advisable  that  a  portion  of  the  taxes  shall 
be  paid  into  the  treasury  in  money.  I  make 
no  objections  to  the  gentleman's  bill.  I  think, 
perhaps,  the  same  objections  exist  to  the  fifth 
section  of  my  ordinance  that  exists  in  his  own. 
If  his  are  denominated  bills  of  credit,  mine 
will  be  also ;  the  intention  is  to  use  them  to 
pay  indebtedness.  The  gentleman  intends  it, 
and  so  do  I,  and  both  may  by  some  be  regard- 
ed as  bills  of  credit.  But  as  they  now  stand 
I  do  no  think  they  come  within  the  constitu- 
tional prohibition.  The  gentleman  proposes 
only  $1,OUO,000  of  these  certificates  shall  be 
issued.  Gentlemen  are  aware  that  $1,000,000 
will  go  but  a  little  ways  towards  paying  the 
indebtedness  that  will  soon  accrue  in  arming 
and  equipping  the  troops  of  this  State — that  is, 
if  any  considerable  number  should  be  raised ; 
and  I  apprehend,  although  the  power  of  draft- 
ing will  not  be  resorted  to — and  I  am  glad  of 
it — that  there  is  every  probability  that  volun- 
teers will  rally  to  the  standard  of  the  State, 
and  drive  out  the  invaders  from  our  soil  j  or, 
at  least,  more  men  can  be  procured  than  we 
can  raise  money  for.  It  seems  to  me  that  a  mil- 
lion of  dollars  is  a  small  amount ;  and  if  there 
should  be  a  constitutional  objection  to  the  or- 
dinance—  and  it  should  be  remembered  that 
we  have  the  Supreme  Court  of  Missouri  to  act 
(for  gentlemen  would  not  agree  with  me  in  the 
propriety  of  turning  them  all  out — because  1 
am  somewhat  radical  on  this  subject,  I  will 
admit) — I  say  it  should  be  remembered  that  we 


have  left  them  to  adjudicate  upon  the  acts  of 
this  Convention  j  and  that  being  the  case,  it  is 
better  to  have  some  outside  provisions  upon 
which  we  can  fall  back. 

The  amendment  of  Mr.  Henderson  was 
agreed  to. 

Mr.  HALL  of  Randolph  proposed  to  add  the 
remaining  sections  of  Mr.  Henderson's  bill, 
from  7  to  11  inclusive,  and  to  strike  out  that 
portion  of  the  bill  offered  by  Mr.  Birch.  He 
said,  under  the  ordinance  offered  by  the  Com- 
mittee of  Ways  and  Means  the  whole  revenue 
might  be  absorbed,  but  under  the  ordinance  pro- 
posed by  the  gentleman  from  Pike  there  could  be 
but  $250,000  of  the  bonds  authorized  or  applied 
for  any  particular  year,  leaving  a  portion  of 
the  revenue  to  go  into  the  State  treasury  in  mo- 
ney. He  thought  great  inconvenience  and  in- 
jury might  result  from  having  all  the  revenue 
paid  in  these  certificates.  That  was  the  sub- 
stantial reason  which  controlled  him  in  offer- 
ing this  amendment.  So  far  as  the  efficiency 
of  both  ordinances  was  concerned,  he  did  not 
know  any  particular  difference.  His  impres- 
sion was  that  the  means  to  carry  out  this  war 
would  have  to  be  furnished  by  the  General 
Government.  He  understood  means  had  been 
so  furnished  to  other  States,  and  also,  to  some 
extent,  in  this  State.  We  must  rely  on  the  Fed- 
eral Government,  for  we  are  doing  what  it  is 
the  duty  of  the  Federal  Government  to  do  j  and 
he  had  no  doubt  the  Federal  Government  would 
furnish  the  means  to  accomplish  the  object  at 
which  we  aimed. 

Mr.  McFERRAN  proposed  that  the  remaining 
sections  of  Mr.  Henderson's  ordinance  be  add- 
ed, but  that  Mr.  Birch's  be  allowed  to  remain 
in  statu  quo. 

Mr.  BIRCH  said  he  understood  the  amend- 
ment proposed  by  the  gentleman  from  Ran- 
dolph (Mr.  Hall)  was  a  substitute  for  the 
bill  reported  by  the  Committee  on  Ways  and 
Means.  He  proposed  to  address  himself  brief- 
ly to  that  subject,  and  give  the  views  which 
governed  one  member  of  the  committee — and 
he  believed  a  majority — in  proposing  the  bill 
under  consideration.  We  now  had  in  the  State 
$200,000  in  the  care  of  a  disbursing  agent,  and 
to  whom  all  such  warrants  as  proposed  by  his 
bill  would  be  presented  and  liquidated.  His 
ordinance  proposed,  mainly,  that  the  men  now  , 
fighting  under  our  flag  might  be  furnished  all 
the  necessary  supplies.  If  the  Government 
has  not  the  money,  he  might  have  the  means 
of  furnishing  these  supplies  by  paying  out 
these  warrants;  and  these  warrants  may  be 


110 


redeemed  on  Second  street,  out  of  the  money 
provided  by  the  Federal  Government. 

This  recognition  of  the  services  of  the  men 
would  be  best  done  in  the  manner  proposed  by 
his  bill.  If  the  General  Government  continued 
to  furnish  money,  as  it  is  its  constitutional  du- 
ty to  do,  these  would  be  the  best  warrants  in 
the  State ;  and  so  far  as  their  being  absorbed 
was  concerned,  he  felt  sure  they  would  be  reg- 
ularly redeemed  on  Second  street.  He  had  had 
transactions  at  the  Government  office  this 
morning,  and  was  familiar  with  the  mode 
which  he  proposed.  It  might  be  advantageous 
to  add  the  last  sections  of  the  bill  offered  by 
the  gentleman  from  Pike  (Mr.  Henderson)  ; 
but  to  strike  out  the  bill  reported  by  the  com- 
mittee and  substitute  the  gentleman's  bill  in  its 
place  would  contemplate  an  utterly  different 
arrangement,  and  our  troops  would  have  no 
warrant  or  recognition  of  their  services  what- 
ever until  the  State  could  realize  money  on  her 
bonds.  He  believed  every  gentleman  would 
admit  the  State  of  Missouri  could  not  go  into 
competition  with  the  United  States  on  these 
bonds,  and  while  he  would  not  shrink  from  the 
task  which  they  had  undertaken— even  if  Mis- 
souri bonds  should  be  reduced  to  ten  cents  on 
the  dollar — yet  he  thought  there  was  no  neces- 
sity at  present  for  taking  a  step  which  would 
lead  to  that  result.  . 

Mr.  HALL  of  Randolph  said  he  would  accept 
the  proposition  of  the  gentleman  from  Davis, 
(Mr.  McFerran,)  and  simply  add  the  sections 
named.  He  could  move  to  strike  out  after- 
wards. 

Mr.  McFerran's  motion  was  lost. 
The  question  then  being  on  agreeing  to  Mr. 
Birch's  bill  as  amended  by  the  addition  of  the 
first  six  sections  of  Mr.  Henderson's  bill, 

Mr.  PHILLIPS  asked  if  it  would  not  be  in 
order  to  offer  the  whole  of  the  bill  as  presented 
by  the  gentleman  from  Pike  (Mr.  Henderson) 
as  a  substitute  for  the  bill  reported  by  the  gen- 
tleman from  Clinton. 

A  point  of  order  was  here  raised  and  dis- 
cussed at  some  length.  Finally,  the  vote  was 
taken  on  the  passage  of  Mr.  Birch's  bill  as 
amended  by  the  addition  of  the  first  six  sec- 
tions of  Mr.  Henderson's  bill,  and  the  bill  as 
amended  passed — ayes  37,  noes  14. 
Mr.  WOOLKOLK  offered  the  following: 
Be  it  Resolved  by  the  People  of  Missouri  in  Con- 
vention assembled,  as  follows:  That,  as  many  of 
our  loyal  citizens  have  entered  into  the  service 
of  the  State  of  Missouri  for  the  purpose  of  re- 
pelling invasion,  suppressing  insurrection,  and 


enforcing  the  laws  of  the  Union  in  this  State, 
which  duties  the  Constitution  imposes  upon  the 
Federal  Government ;  and  believing  that  the  ci- 
tizen soldiery  of  the  State — acquainted  as  they 
are  with  persons  and  localities — are  more  ef- 
fective for  suppressing  f he  civil  and  social  war 
in  our  midst,  and  restoring  and  preserving  law 
and  order,  than  troops  from  other  States  ;  and 
further  believing  that  the  militia  system  should 
be  maintained,  as  many  of  our  citizens  will 
enter  the  service  of  the  State  who  would  be  un- 
able or  unwilling  to  enlist  as  Federal  soldiers; 
and  whereas  the  financial  condition  of  the  State 
of  Missouri  renders  it  impracticable  to  provide 
for  the  arming,  maintenance  and  pay  of  such 
volunteer  militia, — we  do  therefore,  in  the 
name  of  the  people  of  Missouri,  petition  the 
Government  of  the  United  States  to  provide 
for  the  maintenance  and  payment  of  such  mi- 
litia as  have  enlisted,  or  may  hereafter  enlist, 
in  the  service  of  the  State  during  the  existence 
of  the  present  civil  and  social  war  in  our 
midst. 

Mr.  BRECKINRIDGE  moved  to  add  the  fol- 
lowing : 

Resolved,  That  the  Governor  be  directed  to 
proceed  to  Washington,  to  make  known  to  the 
General  Government  the  condition  of  the  State, 
its  military  organization  and  finances,  and  to 
propose  to  that  Government  such  measures  as 
will  enable  the  State  to  cooperate  efficiently  in 
the  prosecution  of  the  present  war. 

Mr.  WOOLFOLK  accepted  the  additional  re- 
solution, and  they  were  both  agreed  to. 

Mr.  BIRCH  offered  the  following  : 

AN  ORDINANCE  RESPECTING  THE  STATE  REVE 
NUE  AND  THE  PAYMENT  OF  OFFICERS. 

Be  it  ordained  by  the  People  of  the  State  of 
Missouri  in  Convention  assembled,  That  the 
several  Collectors  be  allowed  until  the  first  day 
of  March  next  to  collect  and  pay  in  the  State 
revenue  j  and  that  so  long  as  the  Banks  of  the 
State  continue  to  maintain  their  present  show- 
ing of  ultimate  solvency,  their  notes  shall  be 
received  for  State  revenue  and  paid  out  for 
State  salaries. 

A  motion  was  made  to  lay  the  bill  on  the  ta- 
ble, and  it  was  sustained  by  ayes  37,  noes  13. 

Mr.  BRECKINRIDGE  offered  a  resolution  that 
when  the  Convention  adjourns,  it  adjourn  to 
the  first  Monday  in  April,  1862. 

Mr.  HOWELL  moved  to  substitute  a  reso- 
lution to  adjourn  sine  die.  Lost — ayes  18, 
noes  33. 

Mr.  SOL.  SMITH  offered  the  following  as  a 
substitute  : 


Ill 


"  The  existence  of  this  Convention  shall  ter- 
minate on  the  day  of  the  assembling  of  the 
Legislature  to  be  elected  in  eighteen  hundred 
and  sixty-two,  and  in  the  interim  shall  be  sub- 
ject to  be  called  together  by  the  Governor  if, 
in  his  opinion,  the  exigencies  of  the  State  de- 
mand it." 

The  substitute  was  agreed  to,  and  the  reso- 
lution adopted. 

The  Convention  then  adjourned  to  3  p.  M. 

On  re-assembling,  Mr.  BUSH  offered  a  bill 


requiring  the  Banks  to  resume  specie  pay- 
ments. 

Mr.  HALL  of  Buchanan  moved  to  take  a  re- 
cess of  half  an  hour. 

Motion  su  tained. 

At  the  expiration  of  the  recess, 

Mr.  SOL.  SMITH  offered  a  bill  allowing  debt- 
ors two  years  to  redeem  their  property  after  a 
sale  under  execution. 

Mr.  HALL  of  Buchanan  moved  to  adjourn. 

Motion  sustained,  and  the  Convention  ad- 
journed sine  die. 


• 


4. 


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